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<br />any provision of this Agreement shall be held invalid, such invalidity shall not affect the other <br />provisions hereof, and to this extent, the provisions of this Agreement are intended to be and <br />shall be deemed severable. <br /> <br />20. Time is of the essence of this Agreement and each and every provision hereof. <br /> <br />21. In the event that the Owner fails to comply with this Agreement, the City will <br />have, in addition to the right to collect damages, the right to enjoin such violation or threatened <br />violation in a court of competent jurisdiction. Prior to the commencement of any such action, <br />written notice of the violation will be given to the Owner. <br /> <br />22. The Owner will not be in default under this Agreement except under such <br />provisions as require the performance of an act on or before a specific date or within a specified <br />period oftime, unless Owner has been given a written notice specifying the default and (a) fails to <br />cure it within the period ofthirty (30) days, or (b) commences to cure the default within such <br />period of time, and if the default cannot be cured within the specified times above in (a), if Owner <br />thereafter does not diligently proceed to complete the curing ofthe default. <br /> <br />23. The term of this Agreement shall commence on the execution hereof and shall <br />remain in full force and effect unless terminated by the mutual agreement ofthe parties. <br /> <br />24. This Agreement shall be governed by the laws of the State of California. Any <br />legal action concerning or arising out ofthis Agreement shall be filed in a court of the State of <br />California having jurisdiction of the subject matter, and venue shall be in the County of, State <br />of California. <br /> <br />25. During the period of construction, and until such time as the City accepts the <br />Sewer Main and Sewer Lateral, the Owner agrees to and shall indemnify and hold the City <br />and its officers, employees, contractors and agents (the "Indemnitees") harmless from and <br />against all liability, loss, damage, costs, or expenses (including reasonable attorneys' fees and <br />court costs) (collectively, the "Claims") arising from or as a result of the death of any person <br />or any accident, injury, loss, or damage whatsoever caused to any person or to the property of <br />any person which shall occur on or adjacent to the location of the Improvements, and which <br />shall be directly or indirectly caused by any acts done thereon by, or any errors or omissions <br />of, the Owner or its officers, employees, contractors and agents (the "Owner's Designees"). <br /> <br />In addition, the Owner covenants to indemnify the Indemnitees and save the <br />Indemnitees harmless from and against any and all Claims arising from or out of the Owner's <br />failure to comply with any provision of its agreements with the Participants (or any of them), or <br />occasioned wholly or in part by any act or omission ofthe Owner or the Owner's Designees. In <br />case the City shall, without fault, be made a party to any litigation commenced by or against the <br />Owner by the Participants or any other person, or if the City shall, in its sole and reasonable <br />discretion, determine that it must intervene in such litigation to protect its interest hereunder, <br />including, without limitation, the incurring of costs, expenses, and attorneys' fees, then the Owner <br />shall protect and hold the City harmless by attorneys satisfactory to the City and shall pay all <br /> <br />8 <br />