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5/05 <br />SU BRECI R ENT. <br />XV. LAWS GOVERNING TH I SAGREEM ENT <br />This Agreement shall be governed by and construed in accordance with the laws of the <br />State of Cal i forni a, and al I appl i cabl a federal I aros and regul ati ons. <br />XVI. VALIDITY <br />The invalidity in whole or in part of any provision of this Agreement shall not void or af- <br />fect the val i di ty of any other provi si on of thi s Agreement. <br />XVII. M I SCEL LANEOUS PROVI SI ONS <br />a Each undersigned represents and warrants that its signature hereinbelow has the power, <br />authority and right to bi rid their respective parties to each of the terms of this Agreement, and shat I <br />i ndemnify a TY ful Iy, i nd udi ng reasonable costs and attorney's fees, for any i nj uri es; or damages to <br />CI TY i n the event that such authority or power is not, i n fact, held by the signatory or i s withdranm. <br />b. Al I Exhibits and Attachments referenced herein and attached hereto shat I be incorporated <br />as if fully set forth in the body of thi s Agreement. <br />c. No delay or omission by either party hereto to exercise any right or power accruing <br />upon any noncompl i ance or defaul t by the other party wi th respect to any of the terms of thi s <br />Agreement shat I i mpai r any such ri ght or power or be construed to be a wai ver thereof. A wai v- <br />er by ei ther of the pati es hereto of any of the covenants, oonditi ons, or agreements to be per- <br />formed by the other shal I not be construed to be a wai ver of any succeedi ng breach thereof or of <br />any other covenant, condi ti on or agreement herei n contai ned. <br />D <br />