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City of Santa Ana <br />Agreement No.: D2202003 <br />Project No.: 3010038-003C <br />Page 36 of 49 <br />C.3.35 Timeliness. <br />Time is of the essence in this Agreement. <br />C.3.36 Unenforceable Provision. <br />In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the <br />parties agree that all other provisions of this Agreement have force and effect and shall not be affected <br />thereby. <br />C.3.37 Venue. <br />Any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the <br />County of Sacramento, California. <br />C.3.38 Waiver and Rights of the State Water Board. <br />Any waiver of rights by the State Water Board with respect to a default or other matter arising under this <br />Agreement at any time shall not be considered a waiver of rights with respect to any other default or <br />matter. Any rights and remedies of the State Water Board provided for in this Agreement are in addition <br />to any other rights and remedies provided by law. <br />CA MISCELLANEOUS STATE AND FEDERAL REQUIREMENTS <br />C.4.1 [Reserved] <br />C.4.2 State Cross -Cutters. <br />Recipient represents that, as applicable, it complies and covenants to maintain compliance with the <br />following for the term of the Agreement: <br />I. The California Environmental Quality Act (CEQA), as set forth in Public Resources Code 21000 <br />at seq. and in the CEQA Guidelines at Title 14, Division 6, Chapter 3, Section 15000 at seq. <br />ii. Water Conservation requirements, including regulations in Division 3 of Title 23 of the California <br />Code of Regulations. <br />IL Monthly Water Diversion Reporting requirements, including requirements set forth in Water Code <br />section 5103. <br />iv. Public Works Contractor Registration with Department of Industrial Relations requirements, <br />including requirements set forth in Sections 1725.5 and 1771.1 of the Labor Code. <br />V. Volumetric Pricing & Water Meters requirements, including the requirements of Water Code <br />sections 526 and 527. <br />vi. Urban Water Management Plan requirements, including the Urban Water Management Planning <br />Act (Water Code, § 10610 at seq.). <br />vii. Urban Water Demand Management requirements, including the requirements of Section <br />10608.56 of the Water Code. <br />Exhibit C <br />