ORANGE COUNTY FLOOD CONTROL DISTRICT 5 - 2010

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shall be the firll responsibility of GRANTEE, and GRANTEE h it cause said taxes and assessments to be paid promptly when due. 10. NOTICES (PMES 12.1 S) All notices, documents, correspondence and communications concerning this Easement feed shall be addressed as set forth in this Section, or as the Panties may hereafter designate by written notice, and shall be sent through the United States mail with postage prepaid. Any such mailing shall be deemed served or delivered twenty-four 2 hours after mailing. Each Party may change the address for notices by giving the other party at least ten 1 calendar days' prior Britten notice of the new address. Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such other communications to the other by personal delivery or by facsimile and so given shall be deemed to have been given upon receipt if provided by personal delivery; or if by facsimile on the day transmitted provided transmitted by 4:30 P.M. PT on the receiving Party's regular business day, otherwise delivery shall be deemed to have been given on the next business day. To DISTRICT: ICT: Orange County Flood Control District c/o OC Public Works/Real Estate Set -vices P.O. Box 4048 Santa Ana, CA 92702 -4048 (300 N. Flower Street, Santa Ana 92703) Facsimile: 714/83 -2870 11. v (PME 13. IS) To GRANTEE: City of Santa Ana Attention Deputy City Engineer Public Works Agency P.O. Box 1988 (20 Civic Center Plaza) Santa Ana, CA 92702 Facsimile: The Parties hereto agree that this Easement feed has been negotiated and executed in the Mate of California and shall be governed by and construed under the lays of California. In the event of ny legal action to enforce or interpret this Easement Deed, the sole and exclusive venue shall be a court of competent jurisdiction located in the County of Orange, California, and the Parties hereto agree to and do hereby submit it to the jurisdiction of such court, notwithstand i ng Code of Civic Proced ure Section 394, Fui lierniore, the Parties hereto specifically agree to naive any and all rights to request that an action be transferred for trial to another county. WAIVER of RIGHTS PMES1 . l S The failure of DISTRICT to insist upon strict performance of n of the terms, covenants, or conditions of this Easement ]deed shall not be deemed a waiver of any right or remedy that DISTRICT may have, and shall not be deemed a Waiver of the right to require strict pe rformance of all the terms, covenants, and conditions of the Easement Teed thereafter, nor a Waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the Easement Deed. 13. SEVERABILITY (PMES 15,1 S) If any term, covenant, condition, or provision of this Easement Deed is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rem a inder of the provisions hereof sha 11 remain in fu It force and effect and shall in no gay be affected, impaired or invalidated thereby. I reet/H igh way Fa s e meat - OC FCD to Cite of Santa A n a 5 08104/10