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This clause shall not preclude parties from seeking provisional remedies in aid of <br />arbitration from a court of appropriate jurisdiction. <br />12. Reimbursement Clause. <br />In consideration of the time and costs incurred by CITY in the drafting and implementation <br />of this AGREEMENT, OPERATOR agrees to pay $2,500 to CITY within thirty (30) days of <br />execution of this AGREEMENT. <br />13. Attorney Fees and Costs. <br />In any action or proceeding between CITY and OPERATOR broughtto interpret or enforce <br />this AGREEMENT, or which in any way arises out of the existence of this AGREEMENT or is <br />based upon any term or provision contained herein, the "prevailing party" in such action or <br />proceeding shall be entitled to recover from the non -prevailing party, in addition to all other <br />relief to which the prevailing party may be entitled pursuant to this AGREEMENT, the <br />prevailing party's reasonable attorneys' fees and litigation costs, in an amount to be <br />determined by the court. The prevailing party shall be determined by the court in accordance <br />with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant <br />to this Section 17 include those incurred during any appeal from an underlying judgment and <br />in the enforcement of any judgment rendered in any such action or proceeding. <br />14. Notice. <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />AGREEMENT shall be in writing and shall be deemed to be properly given if delivered in <br />person or mailed by first class or certified mail, postage prepaid, or sent by fax or other <br />telegraphic communication in the manner provided in this section, to the following persons: <br />To CITY: Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />Fax 714-647-6956 <br />Copies to: Executive Director— Planning and Building Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-20) <br />P.O. Box 1988 <br />Santa Ana, California 92702-1988 <br />Fax 714-973-1461 <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, California 92702-1988 <br />Fax 714-647-6515 <br />5 <br />