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Agreement No. D12-025 <br />no oral understanding or agreement not incorporated herein shall be binding on either of the <br />Parties. <br />3.5 Severability If any part of this Agreement is held, determined, or adjudicated to <br />be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this <br />Agreement shall be given effect to the fullest extent reasonably possible. <br />3.6 Notices Notices or other communications which may be required or <br />provided under the terms of this Agreement shall be given as follows: <br />Cities: City of Fountain Valley <br />10200 Slater Avenue <br />Fountain Valley, CA 92708 <br />Attention: Mark Lewis, Director of Public Works/City Engineer <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, CA 92701 <br />Attention: City Engineer <br />County: County of Orange/OC Public Works Department <br />300 N. Flower Street, Room 551 <br />Santa Ana, CA 92702-4048 <br />Attn: Teejay Areopagita, Project Engineer <br />All notices shall be in writing and deemed effective when delivered in person or deposited in the <br />United States mail, first class, postage prepaid and addressed as above. Notwithstanding the <br />above, the Parties may also provide notices by facsimile transmittal, and any such notice so <br />given shall be deemed to have been given upon receipt during normal business hours or, in the <br />event of receipt after business, on the following business day. Any notices, correspondence, <br />reports and/or statements authorized or required by this Agreement, addressed in any other <br />fashion shall be deemed not given. <br />3.7 Waiver of Jury Trial Each Party acknowledges that it is aware of and has had the <br />opportunity to seek advice of counsel of its choice with respect to its rights to trial by jury, and <br />each Party, for itself and its successors, creditors, and assigns, does hereby expressly and <br />knowingly waive and release all such rights to trial by jury in any action, proceeding or <br />counterclaim brought by any Party hereto against the other (and/or against its officers, directors, <br />employees, agents, or subsidiary or affiliated entities) on or with regard to any matters <br />whatsoever arising out of or in any way connected with this Agreement and/or any other claim of <br />injury or damage. <br />3.8 Attorney's Fees In any action or proceeding to enforce or interpret any provision <br />of this Agreement, or where any provision hereof is validly asserted as a defense, the Parties <br />shall bear their own attorney's fees, costs and expenses. <br />Page 5 of 8 <br />25B-9