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<br /> <br /> <br /> <br /> <br /> <br /> communications to the other by personal delivery or by facsimile and so given shall be deemed to have been <br /> given upon receipt if provided by personal delivery; or if by facsimile on the day transmitted provided <br /> transmitted by 4:30 P.M. (PT) on the receiving Party's regular business day, otherwise delivery shall be <br /> deemed to have been given on the next business day. <br /> To DISTRICT: To GRANTEE: <br /> Orange County Flood Control District City of Santa Ana <br /> c/o OC Public Works/Real Estate Services Public Works Agency M-85 <br /> Re: E01-R1451/2 SAR- City of Santa Ana Sewer P.O. Box 1988 <br /> 300 N. Flower Street, 6th Floor Santa Ana, CA 92702 <br /> Santa Ana, CA 92703-5000 Facsimile:714/647-3345 <br /> Facsimile: 714/834-2870 <br /> To Orange County Water District: To Orange County Sanitation District: <br /> <br /> Orange County Water District Orange County Sanitation District <br /> 10500 Ellis Avenue 10844 Ellis Avenue <br /> Fountain Valley, CA 92708 Fountain Valley, CA 92708 <br /> Facsimile: 714/378-3381 Facsimile: 714/962-5018 <br /> 11. VENUE (PMES 13.1 S) <br /> The Parties hereto agree that this Easement Deed has been negotiated and executed in the state of California <br /> and shall be governed by and construed under the laws of California. In the event of any legal action to <br /> enforce or interpret this Easement Deed, the sole and exclusive venue shall be a court of competent <br /> jurisdiction located in the County of Orange, California, and the Parties hereto agree to and do hereby submit <br /> to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the <br /> Parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to <br /> another county. <br /> 12. WAIVER OF RIGHTS (PMES14.1 S) <br /> The failure of DISTRICT to insist upon strict performance of any of the terms, covenants, or conditions of <br /> this Easement Deed shall not be deemed a waiver of any right or remedy that DISTRICT may have, and shall <br /> not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions <br /> of the Easement Deed thereafter, nor a waiver of any remedy for the subsequent breach or default of any <br /> term, covenant, or condition of the Easement Deed. <br /> 13. SEVERABILITY (PMES15.1 S) <br /> <br /> If any term, covenant, condition, or provision of this Easement Deed is held by a court of competent <br /> jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full <br /> force and effect and shall in no way be affected, impaired or invalidated thereby. <br /> 14. ATTORNEYS' FEES (PMES 16.1 S) <br /> In any action or proceeding brought to enforce or interpret any provision of this Easement Deed, or where <br /> any provision hereof is validly asserted as a defense, each Party shall bear its own attorneys' fees and costs. <br /> <br /> 15. SUCCESSORS AND ASSIGNS (PMES 18.1 S) <br /> The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, <br /> executors, administrators and assigns of the Parties hereto. <br /> 16. AUTHORITY (PMES20.1 S) <br /> <br /> Sewer Easement - OCFCD to City of Santa Ana 6 10302012 <br /> <br /> <br /> 25C-10 <br />