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<br />. . <br /> <br />. <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, California 92701 <br /> <br />To YMCA: <br /> <br />YMCA of Orange County <br />13821 Newport Avenue, Suite 200 <br />Tustin, Califomia 92780 <br />Attn: Michele Branconier <br /> <br />9, <br /> <br />GENERAL PROVISIONS <br /> <br />Severability <br /> <br />Any term of this Agreement that is invalid, illegal or unenforceable shall be ineffective to <br />the extent of such invalidity, illegality or unenforceability without invalidating, diminishing or <br />rendering unenforceable the rights and obligations of the parties under the remaining provisions of <br />this Agreement. <br /> <br />Jurisdiction - Venue <br /> <br />This Agreement has been executed and delivered in the State of Califomia 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 />Amendments <br /> <br />This Agreement and all exhibits attached hereto, represents the complete and exclusive <br />statement between the City and YMCA, and supercedes any and all other agreements, oral or <br />written, between the parties. In the event of a conflict between the terms of this Agreement and any <br />Attachments or Exhibits hereto, this term of this Agreement shall be enforced. This Agreement <br />may not be modified except by written instrument signed by the City and by an authorized <br />representative of the YMCA. Each party to this Agreement acknowledges that no representations, <br />inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone <br />acting on behalf of any party, which are not embodied herein. <br /> <br />Assignment <br /> <br />YMCA may not assign, transfer, delegate or subcontract any interest in this Agreement <br />without the prior written consent of City and any such assignment, transfer, delegation or <br />subcontract without the City's prior written consent shall be considered null and void. <br /> <br />Counterparts <br /> <br />This Agreement may be executed in two (2) or more counterparts, each of which shall be <br />deemed an original, but all of which taken together shall constitute one and the same Agreement. <br /> <br />3 <br />