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ATTACHMENTS <br />5.0 <br />of anything done or omitted to be done by SANTA ANA, its officers, agents, <br />employees or engineers under or in connection with any work, authority, or <br />duties delegated to SANTA ANA under this Agreement. It is also <br />understood and agreed that pursuant to Government Code section 895.4, <br />SANTA ANA shall fully indemnify, defend and hold harmless COSTA <br />MESA, its elected officials, officers, agents, employees and engineers from <br />any liability imposed for any injury (as defined by Government Code section <br />810.8) occurring by reason of anything done or omitted to be done by <br />SANTA ANA, its officers, agents, employees or engineers in connection <br />with any work, authority, or duties delegated to SANTA ANA under this <br />Agreement. <br />GENERAL PROVISIONS <br />5.1 Entire Agreement. This Agreement constitutes the entire agreement between the <br />parties with respect to any matter referenced herein and supersedes any and all <br />other prior writings and oral negotiations. This Agreement may be modified only <br />in writing, and signed by the parties in interest at the time of such modification. <br />The terms of this Agreement shall prevail over any inconsistent provision in any <br />other contract document appurtenant hereto, including exhibits to this Agreement. <br />5.2 Notices. Any notices, documents, correspondence or other communications <br />concerning this Agreement or the work hereunder may be provided by personal <br />delivery or mail and shall be addressed as set forth below. Such communication <br />shall be deemed served or delivered: (a) at the time of delivery if such <br />communication is sent by personal delivery, and (b) 48 hours after deposit in the <br />U.S. Mail as reflected by the official U.S. postmark if such communication is sent <br />through regular United States mail. <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, CA 92701 <br />Tel: (714) 647-5690 <br />Attn: Fuad Sweiss, <br />Executive Director <br />- IF TO COSTA MESA: <br />City of Costa Mesa <br />77 Fair Drive <br />Costa Mesa, CA 92626 <br />Tel: (714) 754-5291 <br />Attn: Raja Sethuraman, <br />Public Services Director <br />5.3 Attorneys' Fees. In any action or proceeding to enforce or interpret any provision <br />of this Agreement, each party will bear its own attorneys' fees and costs. <br />5.4 Governing Law. This Agreement shall be governed by and construed under the <br />laws of the State of California without giving effect to that body of laws pertaining <br />to conflict of laws. In the event of any legal action to enforce or interpret this <br />Agreement, the parties hereto agree that the sole and exclusive venue shall be a <br />court of competent jurisdiction located in Orange County, California. <br />7 <br />