SANTA ANA GOLF, LLC (COURSECO, INC.)

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modified except by a written instrument. A waiver of any breach of this Agreement shall only affect this Agreement to the extent of the specific waiver, and all covenants, agreements, terms, and conditions of this Agreement shall continue in full force and effect. 12.17 Applicable Law. This Agreement shall be construed and interpreted in accordance with, and shall be governed by, the laws of the State of California and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 12.18 ing Drafter. City and Contractor acknowledge and agree oPresu_m_pt�on_Regarding that the terms and provisions of this Agreement have been negotiated and discussed between City and Contractor, and that this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem either City or Contractor to be the drafter of this Agreement, and therefore no presumption for or against the drafter shall be applicable in interpreting or enforcing this Agreement. 12.19 Enforceabilitv of Any Provision. If any term, condition, covenant, or obligation of this Agreement shall be determined to be unenforceable, invalid, or void, such determination shall not affect, impair, invalidate, or render unenforceable any other term, condition, covenant, or obligation of this Agreement, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 12.20 Remedies Cumulative. The remedies given to City and Contractor herein shall be cumulative and are given without impairing any other rights given City or Contractor by statute or law now existing or hereafter enacted and the exercise of any one(1)remedy by City or Contractor shall not exclude the exercise of any other remedy. 12.21 Discrimination. Contractor agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion,marital status, handicap, ancestry,national origin, or other prohibited basis in its provisions of Services or hiring of subcontractors or employees. To the extent this Agreement provides that Contractor offers accommodations or services to the public,such accommodations or services shall be offered by Contractor to the public on fair and reasonable terms. 12.22 United States Currency. All amounts payable pursuant to this Agreement shall be paid in lawful money of the United States of America. 12.23 Counterparts, This Agreement and any amendment may be executed in counterparts, and upon all counterparts being so executed each such counterpart shall be considered as an original of this Agreement or any amendment and all counterparts shall be considered together as one agreement. 12.24 Attorneys' Fees. In the event of a dispute involving the non-performance by a party hereto of its obligations under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all other expenses reasonably incurred in connection with such dispute,whether or not litigation is commenced, in addition to all other relief to which the party is -29-