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6. Costs and Expenses. In accordance with the last sentence of the penultimate <br />paragraph of Section 9.3 of the Agreement, all costs, fees, and expenses incurred in connection with <br />this Third Amendment shall be borne pro rata by Huntington Beach, Oxnard, San Bernardino, <br />Santa Ana, and West Covina. <br /> <br /> 7. Incorporation of Terms; Reaffirmation of Agreement. From and after the Effective <br />Date, (a) all references to the "Agreement" shall mean and include the Original Agreement, as <br />amended by the First Amendment, the Second Amendment, and this Third Amendment, and (b) all <br />references to "Participant" or "Participants" shall mean and include each or all, as applicable, of <br />Huntington Beach, Oxnard, San Bernardino, Santa Ana, and West Covina. Each of the Authority, <br />Huntington Beach, Oxnard, San Bemardino, Santa Aha, and West Covina hereby reaffirms each of <br />the provisions of the Agreement and confirms that, as so amended, the Agreement is and remains in <br />full force and effect for the term thereof and is binding upon the parties hereto and their respective <br />successors or assigns (but only to the extent, if any, permitted under the Agreement). <br /> <br /> 8. Resolution of Conflicting Provisions. If any terms of this Third Amendment <br />conflict with terms of the Agreement that have not been explicitly amended or waived by this Third <br />Amendment, the tern~s of this Third Panendment shall control and the applicable terms of the <br />Agreement shall be deemed to have been amended or waived to conform to the terms hereof. <br /> <br /> 9. Severabilit¥. In the event any provision of this Third Amendment shall be held <br />invalid or unenforceable by any court of competent jurisdiction, such holding 5hall not invalidate or <br />render unenforceable any other provision hereof. <br /> <br /> 10. Applicable Law. This Third Amench~ent shall be governed by and construed solely <br />in accordance with the laws of the State of California. <br /> <br /> 11. Captions. The captions or headings in this Third Amendment are for convenience <br />only and in no way define, limit, or describe the scope or intent of any terms, provisions, or sections <br />of this Third Amendment. <br /> <br /> 12. Execution in Counterparts. This Third Amendment may be executed in several <br />counterparts, each of which shall be deemed an original, and all of which shall constitute but one <br />and the same instrument. <br /> <br />[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] <br /> <br />Third Amendment to LRCA.DOC 4 <br /> <br /> <br />