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<br /> or sustained by any person or corporation, caused by, or alleged to have been <br /> caused by, any act or omission to act, negligent or otherwise, of each party, its <br /> officers, agents, or employees in the performance of or in connection with any of <br /> the terms and conditions of this Agreement or any acts or omissions undertaken <br /> in connection or furtherance of this Agreement. <br /> 10. In the event that any arbitration or litigation is commenced by any <br /> party' against any of the other parties, the prevailing party shall be entitled to <br /> attorneys' fees and costs. <br /> 11. Any alteration, change, or modification of or to this Agreement, in <br /> order to become effective, shall be made by written instrument executed by each <br /> party to this Agreement upon approval by motion of the parties' respective <br /> governing body. <br /> 12. Time is hereby expressly made of the essence for the performance of <br /> each and every obligation of this Agreement. <br /> IN WITNESS WHEREOF, the parties hereto have executed this <br /> Agreement on the day and year first above written. <br /> "Redwood City" City of Redwood City <br /> By: <br /> Mayor <br /> Attest: <br /> City Clerk <br /> Agmt-17A 4 <br /> G :/sharedlRedwoodlCounci II Ag mt <br /> 07/01/96R <br /> 07/10/96R <br /> 07/29/96R <br /> FXS:fv:rg:djk; <br /> '- ' - <br />