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6.G. - Page 14 of 22 <br />or corporation or enter into any agreement, participate in any collusion, or otherwise <br />take any action in the restraint of free, competitive bidding. <br />31. Miscellaneous. This Agreement shall be deemed to be jointly prepared the <br />parties and any ambiguities or uncertainties herein shall be construed neither for nor <br />against either of the parties. The words "including" and "included," shall be interpreted. <br />as though followed by the words "without limitation." The invalidity of any provision of <br />this Agreement as determined by a court of competent jurisdiction shall in no way affect <br />the validity of any other provision hereof. The individual executing this Agreement on <br />behalf of Licensee has full power and authority to execute and deliver the Agreement on <br />behalf of Licensee. This Agreement is not intended and shall not be construed to create <br />any third -party benefit. if any action is brought by either party against the other under <br />this Agreement, the prevailing party shall be entitled to recover, and the other party <br />agrees to pay, all attorneys' and other fees and costs fixed by the court. <br />IN WITNESS WHEREOF, this Agreement is made as of the Effective Date. <br />ATTEST: <br />Pamela Aguilar, City Clerk <br />°'City": <br />CITY OF REDWOOD CITY, <br />a California Charter City and municipal <br />corporation <br />Melissa Stevenson Diaz, City Manager <br />"Licensee": <br />REDWOOD CITY KIWANIS FOUNDATION, a <br />non-profit organization <br />By: C <br />Caroline McHenry <br />Its: <br />President <br />REV: 04.02-19 PR <br />Page 10 of 16 <br />AM AGR.2019.0791Redwood City Kiwanis Club <br />153 <br />