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DO NOT RECORD <br />11. MISCELLANEOUS. <br />a. Choice of Law. This Agreement shall be governed by and construed in accordance with, <br />the laws of the State of California. <br />b. Non-Recording. Neither party shall record this lease. <br />c. Remedies. Either party shall be entitled to the remedies of specific performance and <br />injunction to enforce its rights hereunder, except to the extent expressly provided to the <br />contrary in this Agreement. All rights and remedies under this Agreement are cumulative <br />and no one of them shall be exclusive of any other, and each party shall have the right to <br />pursue any one or all such rights and remedies, or any other remedy which may be <br />provided by law, whether or not stated in this Agreement, except to the extent expressly <br />provided to the contrary in this Agreement. <br />d. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of <br />which shall be deemed an original but all of which together shall constitute one and the <br />same instrument. <br />e. Non-Liability of Public Officials. No officer, employee, member, agent or representative <br />of the City shall be personally liable to Licensee, or any successor in interest, in the event <br />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 <br />Agreement. <br />Effective Date. This Agreement shall become effective on the date or City execution of <br />this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Exclusive License Agreement on <br />the date and year first written above. <br />ATTEST: <br />MARIA D. HUIZAR <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attorney <br />By: <br />Laura Sheedy <br />Assistant City Attorney <br />RECOMMENDED FOR APPROVAL: <br />RAUL GODINEZ II <br />Executive Director - PWA <br />8/16/12 - final <br />CITY OF SANTA ANA <br />PAUL M. WALTERS <br />City Manager <br />ALL CITY NURSERY <br />HAMID HOJATI <br />President <br />25G-8