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6. 1. D. - Page 27 <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 />11 1. <br />CITY OF REDWOOD CITY, <br />a California Charter City and municipal <br />corporation <br />City Manager <br />ATTEST: <br />City Clerk <br />APPROVED AS TO FORM: <br />City Attorney <br />"Licensee ": <br />Redwood City Rotary Charitable <br />Foundation, a <br />Its: <br />ATTY /AGR /2012.028 /FARMERS MARKET LICENSE - ROTARY <br />REV:03 -15 -12 <br />Page 10 of 14 <br />