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13.6 Severability <br />If any provision of this Agreement is for any reason deemed to be invalid and <br />unenforceable, the invalidity or unenforceability of such provision shall not affect any <br />of the remaining provisions of this Agreement which shall be enforced as if such invalid <br />or unenforceable provision had not been contained herein. <br />13.7 Exhibits <br />Each of the Exhibits identified as Exhibit "1" through "10" is attached hereto and <br />incorporated herein and made a part hereof by this reference. <br />13.8 Non -Waiver Provision <br />Failure of either party to exercise any of the remedies set forth herein within the time <br />periods provided for shall not constitute a waiver of any rights of that party with regard <br />to that failure to perform or subsequent failures to performing whether determined to <br />be a breach, excused performance or unexcused defaults by the other party. <br />13.9 Attorneys' Fees <br />If either party to this Agreement is required to initiate or defend or made a party to any <br />action or proceeding in any way connected with this Agreement, the prevailing party in <br />such action or proceeding, in addition to any other relief which may be granted, <br />whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's <br />fees shall include attorney's fees on any appeal, and in addition a party entitled to <br />attorney's fees shall be entitled to all other reasonable costs for investigating such <br />action, taking depositions and discovery and all other necessary costs the court allows <br />which are incurred in such litigation. All such fees shall be deemed to have accrued on <br />commencement of such action and shall be enforceable whether or not such action is <br />prosecuted to judgment. <br />August 17, 2021 173 City of Santa Ana <br />