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10.4 Applicable Law. This Agreement shall be construed and enforced in <br />accordance with the internal laws of the State of California. <br />10.5 Litigation Expenses. If either party to this Agreement commences an action <br />against the other party to this Agreement arising out of or in connection with this Agreement, the <br />prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs <br />of investigation, and costs of suit from the losing party. <br />10.6 Authority. The persons executing this Agreement on behalf of the parties <br />hereto represent and warrant to the other party that they are duly authorized to execute and deliver <br />this Agreement on behalf of such party, and by so executing this Agreement, said party is formally <br />bound to the provisions of this Agreement. <br />10.7 Notices. Any notices, requests, or approvals given under this Agreement <br />from one party to another shall be in writing and shall be personally delivered or deposited with <br />the United States Postal Service for mailing, postage prepaid, by certified mail, rettu-n receipt <br />requested, to the addresses of the other party as stated in this section, and shall be deemed to have <br />been received at the time of personal delivery or three (3) days after the deposit for mailing. <br />Notices shall be sent to: <br />If to Licensor: Santa Ana Unified <br />School District <br />Attn: Jeremy Cogan <br />Director of Facilities Planning <br />1601 East Chestnut Avenue <br />Santa Ana, CA 92701 <br />If to City: Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza <br />(M-3 0) <br />P.O. Box 1988 <br />Santa Ana, CA <br />92702-1988 <br />10.8 Execution in Counterpart. This Agreement may be executed in several <br />counterparts, and all so executed shall constitute one agreement binding on both of the parties <br />hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. <br />IN WITNESS WHEREOF, City and Licensee have entered into this Agreement as of the <br />day and year first written above. <br />CITY OF SANTA ANA <br />Kristine Ridge <br />City Manager <br />[Signatures continue on the next page] <br />ATTEST <br />Daisy Gomez <br />Clerk of the Council <br />Page 6 of 7 <br />