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preliminary negotiations and agreements of whatsoever kind or nature are merged herein. <br />No verbal agreement or implied covenant shall be held to vary the provisions herein. <br />4.4 Interpretation. The terms of this Agreement shall be construed In <br />accordance with the meaning of the language used and shall not be construed for or <br />against either party by reason of the authorship of the Agreement or any other rule of <br />construction which might otherwise apply. <br />4.5 Amendments. This Agreement may be modified or amended only by a <br />written document executed by both Payor and City and approved as to form by the City <br />Attorney. <br />4.6 Severability. If any term or portion of this Agreement is held to be invalid, <br />illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining <br />provisions of this Agreement shall continue in full force and effect. <br />4.7 Controlling Law and Venue. The laws of the State of California shall govern <br />this Agreement and all matters relating to it and any action brought relating to this <br />Agreement shall be adjudicated in a court of competent jurisdiction in the County of <br />Orange, State of California. <br />4.8 No Attorneys' Fees. In the event of any dispute or legal action arising under <br />this Agreement, the prevailing party shall not be entitled to attorneys' fees. <br />4.9 Counterparts. This Agreement may be executed in two (2) or more <br />counterparts, each of which shall be deemed an original and all of which together shall <br />constitute one (1) and the same instrument. <br />[SIGNATURES ON NEXT PAGE] <br />City of Santa Ana Page 3 <br />