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effect. Each Party is entering into this Agreement based solely upon the representations set forth <br />herein and upon each Party's own independent investigation of any and all facts such Party <br />deems material. This Agreement constituted the entire understanding and agreement of the <br />Parties, notwithstanding any previous negotiations or agreements between the Parties or their <br />predecessors in interest with respect to all or any part of the subject matter hereof. <br />SECTION 11. SEVERABILITY. If any portion of this Agreement is declared invalid, <br />illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions <br />shall continue in full force and effect. <br />SECTION 12. AMENDMENT. No amendment, modification or supplement of this <br />Agreement shall be valid or binding unless executed in writing and signed by both Parties, <br />subject to City approval. The requirement for written amendments, modifications or <br />supplements cannot be waived and any attempted waiver shall be void and invalid. <br />SECTION 13. NOTICES. All notices permitted or required under this Agreement shall <br />be given to the respective Parties at the following addresses, or at such other address as the <br />respective Parties may provide in writing for this purpose: <br />OWNER: <br />Dana 4 Enterprises, Inc. <br />5 Asilomar Road <br />Laguna Niquel, CA 92677 <br />CITY: <br />City of Santa Ana <br />Planning and Building Agency, M-20 <br />PO Box 1988 <br />Santa Ana, CA 92702 <br />(714)647-5804 <br />PlanningDepartment@santa-ana.org <br />SECTION 14. COUNTERPARTS. This Agreement shall be executed in three (3) <br />original counterparts each of which shall be of equal force and effect. One fully executed <br />original counterpart shall be delivered to Owner and the remaining two original counterparts <br />shall be retained by the City. <br />[SIGNATURES APPEAR ON THE FOLLOWING PAGE] <br />9 <br />