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5.04 If judgment is entered against CITY and COUNTY by a court of competent <br />jurisdiction because of the concurrent active negligence of either party, CITY and <br />COUNTY agree that liability will be apportioned as determined by the court. Neither <br />party shall request a jury apportionment. <br />5.05 Both agencies agree to maintain a program of self insurance or be insured <br />for liability coverage. <br />MISCELLANEOUS PROVISIONS <br />6.01 Each party to this Agreement shall immediately notify the other of any <br />litigation or claim that is asserted by or against either party regarding this Agreement. <br />6.02 The laws of the State of California shall govern this Agreement and all <br />matters relating to it and any action brought relating to this Agreement shall be <br />adjudicated in a court of competent jurisdiction in the County of Orange. <br />6.03 If any term or portion of this Agreement is held to be invalid, illegal, or <br />otherwise unenforceable by a court of competent jurisdiction, the remaining provisions <br />of this agreement shall continue in full force and effect. <br />6.04 This Agreement may be modified or amended only by a written document <br />executed by both COUNTY and CITY. <br />6.05 The terms of this Agreement shall be construed in accordance with the <br />meaning of the language used and shall not be construed for or against either party by <br />reason of the authorship of the Agreement, or any other rule of construction which might <br />otherwise apply, except as provided for in Section 5,01. <br />6.06 This Agreement represents the full and complete understanding of every <br />kind or nature whatsoever between the parties hereto, and all preliminary negotiations <br />and agreements of whatsoever kind or nature are merged herein. No verbal agreement <br />or implied covenant shall be held to vary the provisions herein. <br />6.07 A waiver by either party of any breach, of any term, covenant or condition <br />contained herein shall not be deemed to be a waiver of any subsequent breach of the <br />same or any other term, covenant or condition contained herein, whether of the same or <br />a different character. <br />6.08 Except as specifically authorized under this Agreement, the services to be <br />provided under this Agreement shall not be assigned, transferred, contracted or <br />subcontracted out without the prior written approval of COUNTY and CITY. <br />Page 5 of 7 <br />