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34. GOVERNING LAW: This Agreement shall be governed by the Laws of the state where the Premises <br />are located. <br />35. WAIVER OF JURY TRIAL: CITY AND TESLA EACH WAIVE, TO THE EXTENT PERMITTED BY <br />APPLICABLE LAWS, THE RIGHT TO ATRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON <br />OR RELATED TO, THE SUBJECT MATTER OF THIS AGREEMENT. <br />36. INTERPRETATION: The headings and defined terms in this Agreement are for reference purposes <br />only and may not be construed to modify the terms of this Agreement. Neither Party shall have <br />the right to unilaterally revoke or terminate this Agreement, unless such revocation or <br />termination is pursuant to the explicit terms of this Agreement. <br />37. SEVERABILITY: If any provision of this Agreement is invalid or unenforceable, the remainder of <br />this Agreemeent shall not be affected, and each provision shall be valid and enforceable to the <br />fullest extent permitted by law. <br />38. COUNTERPARTS: This Agreement may be executed in counterparts, each of which shall be <br />deemed an original and all of which togetherwill constitute one agreement. Electronic signatures <br />and other signed copies transmitted electronically in PDF or similar format shall be treated as <br />originals. <br />[Signature page follows.] <br />Page 8 <br />v.20190227 <br />