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13. MODIFICATIONS; AMENDMENTS; WAIVERS. This Agreement may be modified only <br />by a written instrument duly executed by each Party. Any waiver of any term or condition of this <br />Agreement shall be effective only if made in writing and only in the specific instance and for the <br />purpose of which given. <br />14. GOVERNING LAW; VENUE. This Agreement shall be governed by and construed and <br />enforced in accordance with the laws of the State of California without giving effect to the <br />conflict of laws rules thereof. The Parties irrevocably submit to the jurisdiction of the courts of <br />the State of California and the Federal Courts of the United States of America located in Orange <br />County, California. <br />16, FAILURE TO OBJECT NOT A WAIVER. The failure of any Party to enforce at any time <br />any of the provisions or terms of this Agreement shall not be construed to be a waiver of such <br />provision or term, nor of the right of any Party thereafter to enforce such term or provision. <br />17. SEVERABILITY. If any provision of this Agreement is invalid or unenforceable, the other <br />provisions herein shall remain in full force and effect and shall be liberally construed in order to <br />effectuate the purpose and intent of this Agreement, and the invalidity or unenforceability of any <br />provision of this Agreement shall not affect the validity or enforceability of all remaining provision. <br />18. ENTIRE AGREEMENT. This Agreement contains the entire agreement and any <br />modifications, changes or amendments to this Agreement must be written and signed by all the <br />Parties to this Agreement. <br />IN WITNESS WHEREOF, the authorized parties have executed this Agreement as of the date <br />first above written. <br />Goodwill Industries of Orange Coprity, CA <br />By: r"1_ <br />Name: Randy Taylor <br />Title: VP, Facilities Development and Logistics <br />Date: <br />City of Santa Ana <br />Recommended for Approval: <br />By. V tl <br />Name: Steven A. end a <br />Title: Executive Dire of Community Develops <br />Date: v/ZP,/Pj <br />Attorney <br />Page 3 of 3 <br />City of Santa Ana <br />B :: ii l <br />Name: Raul Godinez II <br />Title: City Manag r <br />Date: S& 4 l/ g <br />City of Santa Ana <br />Attest: <br />Title: Clerk of the Council <br />Date: 5 12ck, % <br />