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Eastern Contra Costa Transit Authority Contract ... - Tri Delta Transit

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24. ENTIRE AGREEMENT<br />

This Agreement represents the entire Agreement of the parties with respect to the subject<br />

matter hereof, and all such Agreements entered into prior hereto are revoked and<br />

superseded by this Agreement, and no representations, warranties, inducements or oral<br />

Agreements have been made by any of the parties except as expressly set forth herein, or<br />

in other contemporaneous written agreements.<br />

This Agreement may not be changed, modified or rescinded except in writing, signed by<br />

all parties hereto, and any attempt at oral modification of this Agreement shall be void<br />

and of no effect.<br />

25. SEVERABILITY<br />

If any provision of this Agreement is declared void or unenforceable, such provision shall<br />

be deemed severed from this Agreement, which shall otherwise remain in full force and<br />

effect.<br />

26. ASSIGNMENT<br />

The <strong>Contra</strong>ctor shall not assign, transfer, convey, sublet, or otherwise dispose of the<br />

Agreement or any right, title, or interest in or to the same or any part thereof without<br />

prior consent of ECCTA.<br />

27. ATTORNEY’S FEES<br />

In the event that it becomes necessary for either party to bring a lawsuit to enforce any<br />

provisions of the agreement, the parties agree that the court having jurisdiction over such<br />

disputes shall have the authority to determine and fix reasonable attorney’s fees to be<br />

paid to the prevailing party.<br />

28. SUBJECT TO METROPOLITAN TRANSPORTATION COMMISSION<br />

(MTC) DISBURSEMENT<br />

This Agreement shall be subject to disbursement to ECCTA by MTC of funds<br />

previously set aside for ECCTA in an amount necessary to cover the services set<br />

forth herein.<br />

64

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