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matter of this Franchise which are not fully expressed herein. 11.4 This Franchise may not be amended except pursuant to a written instrument signed by both parties. 11.5 If any one or more of the Provisions of this Franchise shall be held by court of competent jurisdiction in a final judicial action to be illegal, invalid, or unconstitutional, such Provision(s) shall be deemed severable from the remaining Provisions of this Franchise and shall in no way affect the validity of the remaining portions of this Franchise. The Council hereby declares that it would have passed this Franchise and each Provision hereof irrespective of the fact that any one or more Provisions be declared illegal, invalid, or unconstitutional. 11.6 Metricom shall be available to the staff employees of any City department having jurisdiction over Metricom's activities 24 hours a day, 7 days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Radios. The city may contact by telephone the network control center operator at telephone number (800) 556-6123 regarding such problems or complaints. 11.7 This Franchise shall be governed and construed by and in accordance with the laws of the State of California. In the event that suit is brought by a party to this Franchise, the parties agree that trial of such action shall be vested exclusively in the state courts of California, County of Orange, or in the United States District Court, Central District of California, in the County of Orange. 11.8 All exhibits referred to in this Franchise and any addenda, attachments, and schedules which may, from time to time, be referred to in any duly executed amendment to this Franchise are by such reference incorporated in this Franchise and shall be deemed a part of this Franchise. 11.9 This Franchise is binding upon the successors and assigns of the parties hereto. 11.10 Metricom acknowledges that the City may develop rules, regulations, and specifications for the attachment, installation, and removal of Radios and any similar purpose radios on the City-owned facilities, including poles, and such rules, regulations, and specifications, and when finalized, shall govern Metricom's activities hereunder as if they were in effect at the time this Franchise was executed by the City; provided, however, that in no event shall such rules, regulations or specifications materially interfere with or affect Metricom's right to install Radios, or Metricom's ability to transmit or receive radio signals from Radios installed, pursuant to and in accordance with this Franchise.. 11