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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />AGREEMENT NO. C -9 -0258 <br />CITY shall be responsible for handling and processing all liability claims, including any claims arising <br />from the public use of SATT restrooms identified herein. <br />ARTICLE 12. INDEPENDENT CONTRACTOR STATUS <br />This Agreement is by and between COUNTY, AUTHORITY and CITY and is not intended and <br />shall not be construed so as to create the relationship of agent, servant, employee, partnership, joint <br />venture or association, as among CITY, AUTHORITY and COUNTY. <br />ARTICLE 13. SUCCESSORS AND ASSIGNS <br />This Agreement shall be binding on the successors and assigns of the PARTIES hereto, and <br />shall not be assigned by any of the PARTIES, without the written consent of the other PARTIES. <br />ARTICLE 14. WAIVER OF RIGHTS <br />The failure of any of the PARTIES to insist upon strict performance of any of the terms, <br />covenants or conditions of this Agreement shall not be deemed a waiver of any right or remedy that <br />PARTY may have, and shall not be deemed a waiver of the right to require strict performance of all the <br />terms, covenants and conditions of this Agreement thereafter, nor a waiver of any remedy for the <br />subsequent breach or default of any term, covenant or condition of this AGREEMENT. <br />ARTICLE 15. APPLICABLE LAW <br />A. This AGREEMENT has been negotiated and executed in the State of California and shall be <br />governed by and construed in accordance with the laws of the State of California. In the event of any <br />legal action to enforce or interpret this AGREEMENT, the sole and exclusive venue shall be a court of <br />competent jurisdiction located in Orange County, California, and the PARTIES hereto agree to and do <br />hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. <br />B. The PARTIES specifically agree that by soliciting and entering into and performing services <br />under this Agreement, AUTHORITY, COUNTY and CITY shall be deemed to constitute doing business <br />within Orange County from the time of initiation of work, through the period when all work under this <br />Agreement is completed, and continuing until the expiration of any applicable limitations period. <br />Page 8 of 12 <br />