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Dec 19 2008 9 : 46AM GeigGaon, & Keen LLP t2o5j 9451 p . 6 and hereby agrees to pay all cost of repairs or said levee should it be determined by the District Manager or his staff and/or engineers that the subject encroachment has caused leakage or damage to the District levee. 7. Legal Action. In the event either party commences a legal action to enforce any of the terms and conditions of this Agreement, the prevailing party in said action shall be entitled to recover reasonable attorney's fees and costs incurred, 8. Conditions Precedent. City acknowledges that all of the foregoing and as set forth In Exhibit"C"constitute conditions precedent to the District granting the Agreement herein requested and understands that the Agreement would not have been granted in the absence of said conditions. 9. Completeness and Accuracy of Cltys Work. City shall be responsible for the completeness and accuracy of its encroachment, engineering,construction and any repairs and maintenance under its obligations in this Agreement and shall correct, at its own expense, all errors or omissions which may be disclosed. The cost necessary to correct those errors or omissions attributable to City and any damage incurred by the District as a result of addltlonal costs caused by such errors and omissions shall be chargeable to City. 10. Relationship. Nothing herein shall be construed to imply ajoint venture or principal and agent relationship between the District and City, and neither party shall have any right, power or authority to create any obligation, express or Implied, on behalf of the other. 11. Prohlbitlon Against Commission for Obtaining Agreement. City warrants that no person or company has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees; nor has City paid or agreed to pay any person, company, corporation, individual or firm other than a partner or bona fide employee, any fee, commission, contribution, donation, percentage, gift, or any other consideration, contingent upon or resulting from award of this Agreement, For any breach or violation of this warranty, the District shall have the right to terminate this Agreement without liability. 12. Applicable Law and Vanua. California law shall govern the interpretation of this Agreement. Any legal action or proceeding with respect to this Agreement shall be brought in the courts of the State of California for the County of San Joaquin, and in no other courts, and, by execution and delivery of this Agreement in Stockton, San Joaquin County, California, all parties to this Agreement hereby accept for themselves and in respect of each of their properties, generally and unconditionally, the jurisdiction of the aforesaid courts. 13, Severability. Any provisions or portions of this Agreement prohibited as unlawful or unenforceable under any applicable law of any jurisdiction shall as to such jurisdiction be Ineffective without affecting other provisions of this Agreement. If the provisions of such 5