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� .� � � 6.1 D <br /> - -- Page 6 <br /> could� not be alleged � as of the effe�ctive date_ of this tolling agreement in an <br /> admin�stra#ive cla�n to #he County or the �ity pursuant to the appficable provis�ons of <br /> #he Go�emment Claims Act andlor any County or City ordinance o�in a lawsuit. � . <br /> 3. The purposes of this tolling agreemen� are to avoid litig�tion and to permit <br /> the Parties additionai time to eval.uate the �aw as i�develops on this s#ate-wide fssue. <br /> 4. The City and the County agree not to file any claims and no�to in�iate or <br /> participate in litigation against each other related to the PTAF #ar the 2004-2005, 2005- <br /> 2406, 2006-2Q07, �nd 2007-24U8 fscaf years while this agreement is in effect. <br /> 5. The toliing period for the City and the County extends from the effective <br /> � da#+e of this tolling agreemen# until th�e ear[ier of the following: � � <br /> . � a. The expiration of focty-fve {45) days from the da#e on� Party t"the <br /> �� terminating party") ctelivers to the other Party via c:e�t�e.d rnail a�nd <br /> facsimile at the addresses and facsimile machine nu�mbers set forth <br /> in�Section 8 below, writ#en notice tha# the�termit�at�ng party desires <br /> � to �errninate this tol�ing.agreemen#,� and is in fact terminafing this � <br /> , . tolli�g agreem�ent; or <br /> b. July '�, 2012. . <br /> 6. This agreement consti�utes #he en#ire understanding of the Parties with <br /> respect #o the totlin�g of the City's and the County's claims as se# forth in Section 1 <br /> above, and correctly.states the rights, duties, and obligations of each Party as of the . <br /> e�€ective date af thi� agreement. Any prior understandings, p�omises, negotiations, or <br /> r.epresenta#ions between the parties not expressly� sta�ed in th�s documen# are not <br /> binding. . <br /> . 7. . Subsequent modifiications ofi �his agreemen#, �inciuding bufi not limited to <br /> t�te ex�ension or amendment af the agreemen#, sha11 not be valid or effective �nless set <br /> forth �in writing and signed by the Part�es. The� Parties anticipate #�hat they are likely to <br /> �amend this Agreement to include claims brought by the City regarding the�calculation of <br /> PTAF for the�2U08-2009 �sc�l year and further fiscal years. <br /> 8. No�ices u�der this agceement, including specificaily notice u�nder Sec#ion� � <br /> 5.a above, shali be given as foltows: <br /> ' � a. To the Ci�I, notice shall be given to both the City Attorney and to <br /> #he attorney special�y re.presenting the�City in this matter, Benjamin <br /> P. Fay, at the following addresses: � <br /> � City Attomey . <br /> � � C i#y of Redwood C it�r � <br /> � � 'E O'[7 Middlefield Road <br /> � Redwood City, CA 94Q63 <br /> Fax: (650) 261-9�102 _ <br /> A'i"I'Y/AGRI2008.116 2 <br /> io2�as . � � <br />