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ATTORNEYS FEES <br />If it should become necessary to enforce the terms and conditions of this Agreement, the <br />prevailing party shall be entitled to reasonable attorney's fees and costs. <br />MISCELLANEOUS PROVISIONS <br />If any term, provision, covenant or condition of this Agreement is held by court of competent <br />jurisdiction or an arbitrator to be invalid, void, or unenforceable, the remaining terms and <br />provisions of this Agreement shall remain in full force and effect and shall in no way be affected, <br />impaired, or invalidated. If any of the restrictive covenants contained herein are found to be <br />invalid due to unreasonable time, unreasonable distance, or other unreasonable restrictions, the <br />court or arbitrator (s) hearing the matter shall be empowered to determine reasonable times, <br />reasonable distances, or other reasonable restrictions in order to carry out the original intentions <br />of the parties. <br />No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a <br />waiver of any other provision, whether or not similar, nor shall any waiver constitute a <br />continuing waiver. No waiver shall be binding unless executed in writing by the party making <br />the waiver. <br />SIGNATURE <br />NuPAC ! ca�. ,��g Date _ � Z 3 ( ! / <br />Representative from uPAC <br />ONE OC Date <br />Timothy Stra ,COO <br />ACCEPTE <br />IC 4 //�lC� Date ,-y <br />nCity of Santa Ana <br />Independent Contractor, <br />0CtVe-- Ream�C,tyMcanager <br />Date <br />Recommended for Approval <br />Gerardo Mouet <br />Executive Director of Parks, Recreation and Community Services Agency <br />ATTEST: <br />MARIA D. HUIZAZAR <br />CLERK OF THE COUNCIL <br />411�a <br />APPROVED AS TO FORM <br />Laura S tt Sheedy <br />Assistant City Attorney <br />