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MOU — Discovery Cube Outdoor Science Park Feasibility City of Santa Ana (714) 542-2823 To: Kristine Ridge City Manager City of Santa Ana 20 Civic Center Plaza, M-25 Santa Ana CA 92702 (714) 647-5336 kridge@santa-ana.org Any party may change the address to which notice is to be given by providing the other party with written notice of such change at least fifteen (15) calendar days prior to the effective date of the change. Service of notices shall be deemed complete on the date of receipt if personally served or if served using facsimile machines provided confirmation of delivery is obtained at the time of email transmission. Service of notices sent by first class mail shall be deemed complete on the fifth (5th) day following deposit in the United States mail 9. Governing Law. This MOU shall be deemed to be executed within the State of California and construed in accordance with and governed by laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with, or by reason of this MOU. 10. Amendment. This MOU and the exhibits hereto may only be amended in writing signed by both parties, and any purported amendment shall be of no force or effect. This MOU may be amended to both extend the term and conditions, as well as to add tasks. Discovery Cube will not begin new tasks without express written permission of the City. 11. Reservations. The approval of this MOU by the City shall not be binding non the City Council, the Planning Commission, or any other commission, committee, board or body of the City regarding any approvals of the Project required by such bodies. No action by the City with reference to this MOU or any related documents shall be deemed to constitute issuance or waiver of any required City permit, approval or authorization regarding the Property, the Project or Discovery Cube. Discovery Cube obtains no right, permit or entitlement to construct or install the Project on the Property or any portion of the Property by virtue of this MOU. 12. Entire Agreement. This MOU and its exhibits constitute the entire agreement between the City and Discovery Cube and supersedes all prior negotiations, representations, or agreements, whether written or oral. Page 5