RecD08 2008-065937 - Laserfiche WebLink

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Except as otherwise stated, all notices to be provided or that may be provided under this Agreement must be in writing and delivered by reputable overnight or same day courier or United States certified mail, return receipt requested. Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 12. Jurisdiction and Venue. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Mateo, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 13. Paraaraoh Headinas. Paragraph headings as used herein are for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning thereof. 14. Entire Aareement. This Agreement, together with any other written document referred to or contemplated by it, embody the entire Agreement and understanding between the parties relating to the subject matter of it. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 15. Severabilitv. The provisions of this Agreement shall be severable and if any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision is adjudged invalid or unconstitutional by a court of competent jurisdiction, or the applicability to any party is held invalid, this shall not affect or invalidate the remainder of any phase, clause, section, subsection, paragraph, subdivision, sentence or provision of this Agreement and the remainder of this Agreement shall be enforced to the greatest extent permitted by law. 16. Attornevs' Fees. In the event of any litigation arising out of this Agreement, the prevailing party in such action, or the nondismissing party where the dismissal occurs other than by reason of a settlement, shall be entitled to recover its reasonable costs and expenses, including, without limitation, reasonable attorneys' fees and costs paid or incurred in good faith. The "prevailing party," for purposes of this Agreement, shall be deemed to be that party who obtains substantially the result sought, whether by settlement, dismissal or judgment. 17. Recordina. This Agreement will be recorded by the City in the County Recorder's Office of the County of San Mateo, California at POL's expense. 18. Release of Aareement. The parties hereto acknowledge that the Stormwater Treatment Measures shown on the Site Plan are required solely because the quantities of hazardous materials to be stored in the chemical storage shed located in Service Yard A (which is depicted on the Site Plan) is expected to be greater than the exempt amounts, thus being classified as an Group H Occupancy (the "Triggering Use"). At such time as the Property shall no longer be utilized for the Triggering Use, the City recognizes that the Stormwater Treatment Measures located on the Property will no longer be required by the NPOES Permit and the City, at the request of the Property Owner and/or POL, shall execute a release of this Agreement, which shall be recorded in the County Recorder's Office at POL's expense (or, at the City's election, the City shall record such release at the POL's ATTY/AGRl2008.032 050608 6