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0 <br />5. Miscellaneous. <br />L <br />(a) Choice of Law. This Agreement is to be governed by, and construed in <br />accordance with, the laws of the State of California. <br />(b) Remedies. Either party shall, in addition to all other rights provided <br />herein or as may be provided by law, be entitled to the remedies of specific performance and <br />injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary <br />in this Agreement. All rights and remedies under this Agreement are cumulative and no one of <br />them shall be exclusive of any other, and each party shall have the right to pursue any one or all <br />of such rights and remedies or any other remedy which may be provided by law, whether or not <br />stated in this Agreement, except to the extent expressly provided to the contrary in this <br />Agreement. <br />(c) Counterparts. This Agreement may be executed in two (2) or more <br />counterparts, each of which shall be deemed an original but all of which together shall constitute <br />one and the same instrument. <br />(d) Non - Liability of Public Officials. No officer, employee, member, agent <br />or representative of the City shall be personally liable to Walnut Street, or any successor in <br />interest, in the event of any default or breach by the City, or for any amount which may become <br />due to Walnut Street or its successor, or for any breach of any obligation of the terms of this <br />Agreement. <br />(e) Effective Date. This Agreement shall become effective on the date of <br />final City approval of Exhibit A to this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the <br />date first set forth above. <br />ATTEST: <br />Patricia Healy <br />Clerk o the Council <br />CITY: <br />CITY OF SANTA ANA <br />David N. Ream <br />City Manager <br />(signatures continued on next page) <br />