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25A - DYER/REDHILL INTERSECTION WIDENING
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01/04/2010
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25A - DYER/REDHILL INTERSECTION WIDENING
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Last modified
1/3/2012 4:12:13 PM
Creation date
12/30/2009 10:49:59 AM
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City Clerk
Doc Type
Agenda Packet
Item #
25A
Date
1/4/2010
Destruction Year
2015
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19. Indemnity. Intentionally Omitted. <br /> 20. Contingency. It is understood and agreed between the parties hereto that the completion <br /> of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and <br /> approval of the City herein. The execution of these documents and the delivery of same to <br /> Escrow Agent constitutes said acceptance and approval. <br /> 21. Modification and Amendment. This Agreement may not be modified or amended except <br /> in writing signed by the Seller and City. <br /> 22. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the <br /> conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement <br /> shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. <br /> 23. Captions. Captions and headings in this Agreement, including the title of this Agreement, <br /> are for convenience only and are not to be considered in construing this Agreement. <br /> 24. Governing Law. This Agreement shall be governed by and construed in accordance with <br /> the laws of the State of California. <br /> 25. No Reliance By One Party On The Other. Each party has received independent legal <br /> advice from its attorneys with respect to the divisibility of executing this Agreement and the <br /> meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their <br /> fair meaning, and not for or against any party based upon any attribution to such party as the <br /> source of the language in question. <br /> 26. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto <br /> and no other person or entity has or shall acquire any rights hereunder. <br /> 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the <br /> other, execute and deliver such further documents (in form and substance reasonably acceptable <br /> to the party to be charged) and do such other acts and things as are reasonably necessary and <br /> appropriate to effectuate the terms and conditions of this Agreement, without cost. <br /> 28. Applicability of Agreement To Assignees. This Agreement shall be binding upon and <br /> shall inure to the benefit of the successors and assigns of the parties to this Agreement. <br /> <br /> 29. Authority to Execute Agreement. Each undersigned represents and warrants that its <br /> signature herein below has the power, authority and right to bind their respective parties to each of <br /> <br /> the terms of this Agreement, and shall indemnify City fully, including reasonable costs and <br /> <br /> attorney's fees, for any injuries or damages to City in the event that such authority or power is not, <br /> in fact, held by the signatory or is withdrawn. <br /> Page 5 of J <br /> 25A-8 <br /> <br />
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