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With courtesy copy to : <br />If to SAUSD: <br />Clerk of the Council <br />City of Santa Ana <br />20 Civic Center Plaza <br />P.O. Box 1988 (M-30) <br />Facsimile: 714-647-6956 <br />Santa Ana Unified School District <br />1601 E. Chestnut <br />Santa Ana, CA 92701 <br />Facsimile <br />Attn: <br />12. SEVERABILITY AND APPLICABLE LAW <br />Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to <br />be effective and valid under applicable law, but if any provision of this Agreement shall be invalid <br />under the applicable law, such provision will be ineffective to the extent of such prohibition or <br />invalidity, without invalidating the remainder of such provision, or the remaining provisions of this <br />Agreement. This Agreement has been made and entered into in the State of California and the laws <br />of said State shall govern the validity and interpretation hereof and the parties' performance <br />hereunder. <br />13. AMENDMENTS <br />This Agreement sets forth the entire understanding between the parties with respect to the use of <br />the Swim Facility. Any modifications must be in the form of a written amendment signed by both <br />parties which becomes part of the agreement. <br />14. WAIVER <br />The failure of City or SAUSD to insist upon strict performance of any of the terms, conditions, <br />or covenants in this Agreement shall not be deemed a waiver of any right or remedy which City or <br />SAUSD may have and shall not be deemed a waiver of any right or remedy for a subsequent breach <br />or default of the terms, conditions, or covenants herein contained. <br />15. BINDING EFFECT <br />This Agreement and all the terms, covenants, conditions, and agreements herein contained shall <br />be binding upon and inure to the benefit of the parties hereto and their respective successors. <br />16. COUNTERPARTS <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 />