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<br />8 <br />23152.06030\29362493.1 <br /> 3.7.8 No Presumption of Drafter. The Parties acknowledge and agree that the <br />terms and provisions of this Agreement have been negotiated and discussed between the Parties, <br />and this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. <br />Because of the nature of such negotiations and discussions, it would be inappropriate to deem any <br />Party to be the drafter of this Agreement and, therefore, no presumption for or against validity or <br />as to any interpretation hereof, based upon the identity of the drafter shall be applicable in <br />interpreting or enforcing this Agreement. <br /> <br /> 3.7.9 Attorney’s Fees. If any action at law or in equity, including an action for <br />declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing <br />Party shall be entitled to recover such amount as the court may award as reasonable attorney’s fees <br />and costs. <br /> <br /> 3.7.10 Notices. Any notice to be given hereunder by either Party to the other shall <br />be in writing and may be transmitted by personal delivery or mail, registered or certified, postage <br />prepaid, with return receipt requested. Mailed notices shall be addressed to the following <br />respective addresses: <br /> <br />City: City of Colton <br /> 650 N. La Cadena Drive <br /> Colton, CA 92324 <br /> Attn: City Council <br /> <br />Employee: Address on File at Colton City Hall <br /> <br /> Notices delivered personally shall be deemed communicated as of the date of actual <br />receipt. Mailed notices shall be deemed communicated as of the date of mailing, plus two (2) <br />days. <br /> <br /> 3.7.12 Assistance of Counsel. Each Party to this Agreement warrants to the other <br />Party that it has either had the assistance of counsel in negotiation for, and preparation of, this <br />Agreement or could have had such assistance and voluntarily declined to obtain such assistance. <br /> <br /> IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS EMPLOYMENT <br />AGREEMENT FOR EXECUTIVE ADMINISTRATOR TO THE MAYOR AND COUNCIL <br />(ADELFA FLORES) AS OF _____________________, 2016. <br /> <br /> <br />121211/23/16 Regular Adjourned Council Meeting Agenda