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determined and governed by the laws of the State of California. Both parties further agree that Orange <br />County, California, shall be the venue for any action or proceeding that may be brought or arise out of, <br />in connection with or by reason of this Agreement. <br />26. ATTORNEY'S FEES <br />Should any litigation be commenced between the parties to this Contract concerning the work which <br />is the subject of this Contract, any provision of this Contract, or the rights and obligations of either in <br />relation thereto, the party prevailing in the litigation shall be entitled, in addition to such other relief as may <br />be granted, to a reasonable sum as and for the party's attorney's fees in the litigation. <br />27. TIME OF ESSENCE <br />Time is of the essence in performance of this Contract. <br />28. GENDER AND NUMBER <br />As used herein, the masculine shall include the feminine and masculine, and the singular shall <br />include the plural. <br />29. EXCLUSIVITY OF CONTRACT <br />This Contract supersedes any and all other agreements, either oral or in writing, between the parties <br />hereto with respect to hiring of Contractor by City, and contains all the covenants and conditions between <br />the parties with respect to employment of Contractor by City, and contains all the covenants and conditions <br />between the parties with respect to such employment in any manner whatsoever. Each party to this <br />Contract, acknowledges that no representations, inducements, promises, or agreement, orally or otherwise, <br />have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and <br />that any other agreement or amendment to this Contract shall be effective only if executed in writing and <br />signed by City and Contractor. <br />30. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority <br />and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City <br />fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that <br />such authority or power is not, in fact, held by the signatory or is withdrawn. <br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the <br />body of this Agreement. <br />EXHIBIT 3 7 <br />20B-15