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Page 8 of 10 <br />#210221v1 <br />purpose elsewhere. <br /> <br />13. WAIVER <br /> <br />No waiver of breach, failure of any condition, or any right or remedy contained in or <br />granted by the provisions of this Agreement shall be effective unless it is in writing and signed by <br />the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or <br />remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not <br />similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. <br /> <br />14. JURISDICTION - VENUE <br /> <br /> This Agreement has been executed and delivered in the State of California and the validity, <br />interpretation, performance, and enforcement of any of the clauses of this Agreement shall be <br />determined and governed by the laws of the State of California. Both parties further agree that <br />Orange County, California, shall be the venue for any action or proceeding that may be brought or <br />arise out of, in connection with or by reason of this Agreement. <br /> <br />15. PROFESSIONAL LICENSES <br /> <br />Grantor shall be responsible for obtaining and maintaining, throughout the term of this <br />Agreement, all necessary licenses, permits, approvals, waivers, and exemptions necessary for the <br />provision of the services hereunder and required by the laws and regulations of the United States, <br />the State of California, the City of Santa Ana and all other governmental agencies either by Grantor <br />or by Grantor’s subcontractors. Grantor shall notify the City immediately and in writing of its <br />inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said <br />inability shall be cause for termination of this Agreement. <br /> <br />16. NOTICE <br /> <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement <br />shall be in writing and shall be deemed to be properly given if delivered in person or mailed by <br />first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in <br />the manner provided in this Section, to the following persons: <br /> <br />To City: <br /> <br />Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br /> <br /> <br /> <br /> <br />Exhibit 1