25I - RIGHT-OF-WAY FIRST ST BRIDGE

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shall.be the full responsibility of GRANTEE, and GRANTEE shall 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 Deed shall be addressed as set forth in this Section, or as the Parties may hereafter designate by written notice, and shall be sent tlu-ough the United States mail with postage prepaid. Any such mailing shall be deemed served or delivered twenty-four (24) hours after mailing. Each Party may change the address for notices by giving the other party at least ten (1 O) calendar days' prior written 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 regulaz business day, otherwise delivery shall be deemed to have been given on the next business day. To DISTRICT: Orange County Flood Conriol District c/o OC Public Works/Real Estate Services P.O. Box 4048 Santa Ana, CA 92702-4048 (300 N. Flower Street, Santa Ana 92703) Facs iinil e: 714/83 4 -2 8 70 To GRANTEE: Cit}• of Santa Ana Attention Deputy City Engineer Public Works Agency P.O. Box 1988 (20 Civic Center Plaza) Santa Ana, CA 92702 Facsimile: 11. VENUE (PMES13.1S) The Pasties hereto agree that this Easement Deed has been negotiated and executed in the state of California and shall be governed by and construed under the laws of Califon?ia. In the event of any legal action to enforce or inferps-et 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 to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the Parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another county. 12. WAIVER OF RIGHTS (PMES 14.1 S) The failure of DISTRICT to insist upon stric# performance of any 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 performance o£ ali the tes7rss, covenants, and conditions of the Easement Deed thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the Easement Deed. 13. SEYERABILITY {PMES 15.1 S) If asry term, covenant, condition, or provision of this Easement Deed is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. StreeVHighway Fneement - OCFCD [o City of Santa Ana o8io-sn o 251-11