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I 6. Ordinary Maintenance. Repair or Reolacement. ATC further acknowledges that the existing District levee over which the ATC plans to encroach upon does not presently leak 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. ATC 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 ATC' Work. ATC shall be responsible for the completeness and accuracy of its encroachment, engineering , construction and any repairs and maintenanoe 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 ATC and any damage incurred by the District as a result of additional costs caused by such errors and omissions shall be chargeable to ATC . 10 , Relationship. Nothing herein shall be construed to imply a joint venture or principal and agent relationship between the District and ATC , and neither party shall have any right, power or authority to create any obligation , express or implied , on behalf of the other. 11 . Prohibition Against Commission for Obtaining Agreement. ATC 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 ATC 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 Venue. 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 5 Q aged F /_ 7F - g47R - Rn7 5tH -4 lar NgRH1 me -i 77NH WHSZ : L 2002 bi � d