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1901 E. FIRST STREET OWNER, LLC
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Last modified
5/18/2017 11:44:54 AM
Creation date
5/4/2017 2:17:34 PM
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Contracts
Company Name
1901 E. FIRST STREET OWNER, LLC
Contract #
A-2017-106
Agency
City Attorney's Office
Council Approval Date
2/21/2017
Destruction Year
2021
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8. Each Party to Bear Their Own Fees and Costs. Each Party shall bear <br />its/his/her own costs, expenses, and attorneys' fees incurred in connection with the Disputes, the <br />administrative and/or legal proceedings preceding or resulting in this AGREEMENT, and in <br />connection with any other proceedings or actions initiated by any Party against any other Party in <br />any forum. (civil, criminal, administrative, or quasi -administrative) concerning the Disputes, and <br />each of the Parties hereto, and each of their respective associated or related parties, expressly <br />waives any claim for recovery of any such costs, expenses, or attorneys' fecs from the Party. <br />Attorneys for all Parties to this AGREEMENT do likewise expressly waive any claim for <br />recovery of costs, expenses, and/or attorney's fees from the Party(ies) that are not their client(s) <br />and/or from any source whatsoever, relating to the matters discussed herein, except as otherwise <br />provided for in this AGREEMENT. <br />9. Limitations. The sole and exclusive purpose of this AGREEMENT is to finally <br />and fully settle the Disputes as they pertain to the Parties, and consistent with Sections 3 and 4 of <br />this AGREEMENT nothing in this AGREEMENT is intended to nor shall establish, dictate, or <br />impact the City's method of complying with its obligations under Government Code section <br />65995 to calculate and determine "assessable space" with respect to any project now pending or <br />any future project, including but not limited to those projects involving 1901. Subject to the <br />limitations provided by law, including but not limited to any final judgment in the Appeals, the <br />City expressly reserves the right to administer Government Code section 65995 and make any <br />and all determinations required thereunder. <br />10. No Other Terms. This AGREEMENT contains all of the terms and conditions <br />agreed upon by the Parties hereto regarding the subject matter of this AGREEMENT. Any prior <br />or contemporaneous agreements, promises, negotiations, or representations, either oral or <br />written, relating to the subject matter of this AGREEMENT, not expressly set forth in this <br />AGREEMENT, are of no force or effect. <br />11, Waiver of Terms of Agreement. No waiver by any Party of any breach of any <br />term or provision of this AGREEMENT shall be construed to be, nor be, a waiver of any <br />preceding, concurrent, or succeeding breach of the same, or any other term or provision hereof. <br />No waiver shall be binding unless in writing and signed by the Party to be charged or held <br />bound. <br />12. Interpretation. This AGREEMENT has been jointly negotiated. and drafted by <br />the Parties and their respective attorneys, and it shall not be interpreted or construed in favor of <br />or against any Party on grounds that said Party drafted the Agreement. The language in this <br />AGREEMENT shall be construed as a whole according to its fair meaning and not strictly for or <br />against any of the Parties, The Parties also agree and understand that should any provision of <br />this AGREEMENT be declared or determined by any court to be illegal or invalid, the validity of <br />the remaining parts, terms and provisions shall not be affected thereby and said illegal or invalid <br />part, terms, or provisions shall be deemed not to be part of this AGREEMENT. The Parties <br />further agree that this AGREEMENT was negotiated and executed in the State of California and <br />shall be interpreted under the procedural and substantive laws of California as existing as of the <br />Effective Date, without regard to principles of conflict of laws. <br />13. Consultation with Counsel. Each Party hereto represents and agrees that he or it <br />has carefully read and fully understands all of the provisions of this AGREEMENT, and that he, <br />5 <br />
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