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14. If any Party should bring any legal action or proceeding relating to this <br /> Agreement or to enforce any provision hereof, or if the Parties agree to arbitration or mediation <br /> relating to this Agreement, the Party in whose favor a judgment or decision is rendered shall be <br /> entitled to recover reasonable attorneys' fees, costs and out-of-pocket expenses (including but not <br /> limited to the fees and costs of experts) from the other. The Parties agree that any legal action or <br /> proceeding or agreed-upon arbitration or mediation shall be filed in, and shall occur in, the county <br /> of San Bernardino. <br /> 15. The interpretation and enforcement of this Agreement shall be governed by <br /> the laws of the State of California, as if this Agreement was jointly drafted by the Parties. <br /> 16. Time is of the essence with regard to each and every provision of this <br /> Agreement. <br /> 17, This Agreement may be executed in counterparts, each of which shall be <br /> deemed an original, but all of which together shall constitute one and the same Agreement. <br /> 18. The Buyer shall execute this Agreement first and shall then deliver this <br /> partially executed Agreement to the City for approval and execution by the City. The Buyer <br /> acknowledges and agrees that the City is under no obligation to consider or approve this <br /> Agreement until it has been executed by the Buyer. <br /> IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day <br /> and year first written above. <br /> [SIGNATURES ON FOLLOWING PAGE] <br /> JACity Council Reports\Development Services12016 Reports108-16-161ENA elusive <br /> Negotiating Agreement ALN 8.3.16.docx <br />