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<br />4. TERMINATION <br /> <br />Either party may terminate this agreement upon ninety (90) days written notice to the <br />other party. <br /> <br />5. MISCELLANEOUS PROVISIONS <br /> <br />(a) The invalidity in whole or in part of any provision of this Agreement shall not void <br />or affect the validity of any other provision of this Agreement. <br /> <br />(b) This Agreement shall be governed by and construed in accordance with the laws <br />of the State of California. <br /> <br />(c) This Agreement supersedes any and all other agreements either oral or in writing <br />between the parties hereto with respect to the terms set forth in this Agreement and contains all <br />the covenants and agreements between the parties with respect thereto. Each party to this <br />Agreement acknowledges that no representation, inducements, promises or agreements, orally or <br />otherwise, have been made by any party, or anyone acting on behalf of any party, with respect to <br />. such terms, which are not embodied herein, and that no amendment hereto shall be effective <br />unless set forth in writing and signed by both the LICENSEE and LICENSOR. <br /> <br />(d) If an action is commenced to enforce any provision of this Agreement, the <br />prevailing party, as determined by a final court judgment, shall be entitled to recover from the <br />other party such reasonable attorneys' fees and costs incurred in the action as the court may <br />award. <br /> <br />(e) All notices required or allowed in this Agreement shall be in writing and shall be <br />sent to the addresses below. A party may change its address for notice by giving notice to the <br />other party. Notice may be delivered by personal delivery, facsimile transmission, overnight <br />delivery service or U.S. mail sent certified with return receipt requested. Notices are effective on <br />the earlier of the date received, the date of the delivery receipt or the third day after postmark, as <br />applicable. <br /> <br />To LICENSEE: <br /> <br />City of Santa Ana <br />Clerk of the Council <br />20 Civic Center Plaza (M-30) <br />Santa Ana, California 92702 <br /> <br />To LICENSOR: <br /> <br />Trinity Cristo Rey Lutheran Church <br />Pastor Johnny Lopez <br />902 S. Broadway <br />Santa Ana, California 92701 <br /> <br />(f) Counterparts. This Agreement may be executed in two (2) or more counterparts, <br />each of which shall be deemed an original but all of which together shall constitute one and the <br />same instrument. <br /> <br />Page 2 of 5 <br />