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court of competent jurisdiction restraining such breach or threatened breach and to specific per-
<br />formance of any provision of this Agreement, and both parties agree that no bond or other security shall
<br />be required In obtaining such equitable relief.
<br />18.6. Integration. This Agreement may be executed in multiple counterparts each of which shall be deemed
<br />an original, but all of such taken together shall constitute only one Agreement, superseding all prior
<br />understandings, oral or written; and it is expressly understood and that this Agreement does not
<br />obligate either partyto enter into any other or further agreements.
<br />18.7. Governing law. This Agreement shall not be construed against either party regardless of which party
<br />drafted it. This Agreement shall be construed and enforced according to the laws of the State of
<br />California, without regards to conflict -of -laws principles, and all local laws, ordinances, rules, and
<br />regulations.
<br />18.8. Venue and Jurisdiction. The City and IPS agree that the venue shall be in Orange County, California. Any
<br />litigation arising out of this Agreement may only be brought in either the United States District Court,
<br />Central District of California, Southern Division, or the Superior Court of California, County of Orange,
<br />as appropriate. The parties agree thatvenue exists in either court, and each party expressly waives any
<br />right to transfer to another venue. The parties further agree that either court will have personal
<br />jurisdiction over the parties to this Agreement.
<br />18.9.Attorney's Fees. If any suit, action, arbitration or other proceeding is instituted upon this Agreement or
<br />to enforce rights, judgments or otherwise pursue, defend or litigate issues, or any other controversy
<br />arises from this Agreement, the prevailing party shall be entitled to recover from the other party and
<br />the other party agrees to pay the prevailing party, in addition to costs and disbursements allowed by
<br />law, such sum as the court, arbitrator or other adjudicator may adjudge reasonable as an attorney's fee
<br />in such suit, action, arbitration or other proceeding, and in any appeal. Such sum shall include an
<br />amount estimated by the court, arbitrator or adjudicator, as the reasonable costs and fees to be
<br />incurred in collecting any monetary judgment or award or otherwise enforcing each award, order,
<br />judgment or decree entered in such suit, action or other proceeding.
<br />18.10. Force Majeure. if any party is prevented from performing Its obligations stated in this Agreement by
<br />any event not within the reasonable control of that party, including, but not limited to, acts of God, war,
<br />civil disturbance, insurrection, civil commotion, destruction of production facilities or materials by
<br />earthquake, fire, flood or storm, labor disturbances including strikes or lockouts or epidemic, and
<br />failures of public utilities (such as Internet, cellular network, and electricity), it shall not be in default in
<br />the performance of its obligations stated in this Agreement. Provided, however, any party delayed by
<br />such an event shall request an extension of time to perform its obligations stated in this Agreement by
<br />notifying the party to which it is obligated within ten days following the event. If the notified party
<br />agrees that the event was the cause of the delay, the time to perform the obligations stated in this
<br />Agreement shall be extended bythe number of days of delay caused by the event. If the required notice
<br />is not given by the delayed party, no time extension shall be granted. If any event of force majeure
<br />exists for a continuous period of more than 120 days, then either party shall be entitles to terminate
<br />this Agreement without being liable for any claim from the other party.
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