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<br />10. JURISDICTION - VENUE <br /> <br />This Agreement and all questions relating to its validity, interpretation, performance, and <br />enforcement shall be government and construed in accordance with the laws of the State of <br />California. This Agreement has been executed and delivered in the State of California and the <br />validity, interpretation, performance, and enforcement of any of the clauses of this Agreement <br />shall be determined and governed by the laws of the State of California. Both parties further <br />agree that Orange County, California, shall be the venue for any action or proceeding that may <br />be brought or arise out of, in connection with or by reason of this Agreement. <br /> <br />11. MISCELLANEOUS PROVISIONS <br /> <br />a. Each undersigned represents and warrants that its signature hereinbelow has the power, <br />authority and right to bind their respective parties to each of the terms of this Agreement, and shall <br />indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to <br />City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. <br /> <br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set <br />forth in the body of this Agreement. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and <br />year first above written. <br /> <br /> <br />, <br /> <br /> <br />CITY OF SANTA ANA <br /> <br />PATRICIA E. HEALY <br />Clerk ofthe Council <br /> <br /> <br />AP~ROVED A~ TQ F RM: <br /> <br /> <br />G. Ross <br />ecutive Director <br />Public Works Agency <br /> <br />::"DfJJ # f1 <br /> <br />Orchard Supply Hardware <br /> <br />Sc;t-7rrf)td/ Z- <br /> <br />Employer ID # or Individual SS # <br /> <br />5 <br />