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<br /> <br /> <br /> <br /> S. Miscellaneous. <br /> <br /> (a) Choice of Law. This Agreement is to be governed by, and construed in <br /> accordance with, the laws of the State of California. <br /> (b) Remedies. Either party shall, in addition to all other rights provided <br /> herein or as may be provided by law, be entitled to the remedies of specific performance and <br /> injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary <br /> in this Agreement. All rights and remedies under this Agreement are cumulative and no one of <br /> them shall be exclusive of any other, and each party shall have the right to pursue any one or all <br /> of such rights and remedies or any other remedy which may be provided by law, whether or not <br /> stated in this Agreement, except to the extent expressly provided to the contrary in this <br /> Agreement. <br /> (c) Counterparts. This Agreement may be executed in two (2) or more <br /> counterparts, each of which shall be deemed an original but all of which together shall constitute <br /> one and the same instrument. <br /> (d) Non-Liability of Public Officials. No officer, employee, member, agent <br /> or representative of the City shall be personally liable to Licensee, or any successor in interest, in <br /> the event of any default or breach by the City, or for any amount which may become due to <br /> Licensee or its successor, or for any breach of any obligation of the terms of this Agreement- <br /> (e) Effective Date. This Agreement shall become effective on the date of <br /> City execution of this Agreement. <br /> (f) Termination of Prior Agreements. Upon its execution, this Agreement <br /> terminates, rescinds, repeals and makes null and void and of no further effect, any prior license <br /> or right of entry between the parties relating to any portion of the Property. <br /> IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the <br /> date first set forth above. <br />