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entitled. If the successful party recovers judgment in any legal action or proceeding,the attorneys' <br /> fees and all other expenses of litigation shall be included in and made a part of any such judgment. <br /> 12.25 Gender and Number. Whenever appropriate in this Agreement, the singular shall <br /> be deemed to refer to the plural and the plural to the singular, and pronouns of certain gender shall <br /> be deemed to include either of both of the other genders. <br /> 12.26 Further Assurance. City and Contractor agree that at any time or from time to <br /> time after the execution of this Agreement, each shall, upon the request of the other, execute and <br /> deliver such further documents and do such further acts and things as such party may reasonably <br /> request in order to fully effect the purpose of this Agreement. <br /> 42.27 Waiver of Jury Trial. The parties hereby waive trial by jury and any action, <br /> proceeding, or counterclaim brought by either of the parties hereto on any matter whatsoever <br /> arising out of or in any way connected with this Agreement. <br /> 12.28 Authority. Each individual executing this Agreement on behalf of a corporation, <br /> nonprofit corporation, partnership or other entity or organization, represents and warrants that he <br /> or she is duly authorized to execute and deliver this Agreement on behalf of such entity or <br /> organization and that this Agreement is binding upon the same in accordance with its terms. <br /> Contractor shall, at City's request, deliver a certified copy of its governing board's resolution or <br /> certificate authorizing or evidencing such execution. <br /> 12.29 Effective Date. This Agreement shall be effective on the date on which this <br /> Agreement is executed by City ("Effective Date"). <br /> [signatures appear on following page] <br /> -30- <br /> City Council 16 — 38 3/3/2026 <br />