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IRWD: <br />Irvine Ranch Water District <br />15600 Sand Canyon Avenue <br />Irvine, CA 92618-3102 <br />Attn: General Manager <br />CITY: <br />City of Santa Ana <br />20 Civic Center Plaza, M-36 <br />Santa Ana, CA 92701 <br />Attn: Director of Public Works <br />SECTION 20. This Agreement shall be binding upon and inure to the benefit of the <br />successors and assigns of CITY and IRWD. This Agreement constitutes the entire Agreement <br />between CITY and IRWD and supersedes all prior understandings and Agreements between the <br />parties with respect to the subject hereof. This Agreement may be modified only in writing, <br />signed by both parties hereto. <br />SECTION 21. In the event of any declaratory or other legal or equitable action instituted <br />between CITY and IRWD in connection with this Agreement, the prevailing party shall be <br />entitled to recover from the losing party all of its costs and expenses, including court costs and <br />reasonable attorneys' fees. <br />SECTION 22. Any approval required to be given by either party pursuant to this <br />Agreement, shall be deemed given if no response to the party's request for such approval is <br />received by the requesting party within fifteen (15) days following the request for such approval. <br />SECTION 23. The term of this Agreement shall expire December 31, 2010. <br />SECTION 24. The provisions of Parts B and C of this Agreement shall survive the <br />expiration of the term hereof with respect to any Project, until the completion of construction and <br />reimbursement of the Costs of the related IRWD FACILITIES. The provisions of Sections 15 <br />and 16 shall survive the expiration or termination of this Agreement or any Addendum. <br />SECTION 25. The persons executing this Agreement on behalf of each party warrant <br />that he/she is duly authorized to execute and deliver this Agreement on behalf of the respective <br />party for whom he/she signs, and that by so executing this Agreement, each party is bound by the <br />provisions of this Agreement. <br />Revised 12/22/04 <br />25E-~ <br />