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3.6.9 Attorneys' Fees. If any action at law or in equity, including an action for <br />declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the <br />prevailing Party shall be entitled to recover such amount as the court may award as reasonable <br />attorneys' fees and costs. <br />3.6. 10 Assistance of Counsel. Each Party to this Agreement warrants to the other <br />Party that it has either had the assistance of counsel in negotiation for, and preparation of, this <br />Agreement or could have had such assistance and voluntarily declined to obtain such assistance. <br />IN WITNESS WHEREOF, the City of Santa Ana has caused this Employment <br />Agreement to be signed and executed on its behalf by its City Council, and duly attested by its <br />City Clerk, and Employee has signed and executed this Employment Agreement, both in <br />duplicate, effective on the day and year first above written. <br />CITY OF <br />By: <br />ATTEST: <br />Maria Huizar <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />'Z.?J?rZZ???--L <br />Sonia R. Carvalho <br />Best Best & Krieger LLP <br />City Attorney <br />EMPLOYEE <br />By: > <br />Kevin O'Rourke <br />APPROVED AS TO FORM: <br />Robert Aaronson <br />6 <br />5 5394.00000\7816924.1