ORANGE, COUNTY OF (23) - 2012 - Laserfiche WebLink

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Agreement No. D 12 -025 no oral understanding or agreement not incorporated herein shall be binding on either of the Parties. 3.5 Severability If any part of this Agreement is held, determined, or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 3.6 Notices Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows: Cities: City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 Attention: Mark Lewis, Director of Public Works /City Engineer City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Attention: City Engineer County: County of Orange /OC Public Works Department 300 N. Flower Street, Room 551 Santa Ana, CA 92702 -4048 Attn: Teejay Areopagita, Project Engineer All notices shall be in writing and deemed effective when delivered in person or deposited in the United States mail, first class, postage prepaid and addressed as above. Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed to have been given upon receipt during normal business hours or, in the event of receipt after business, on the following business day. Any notices, correspondence, reports and /or statements authorized or required by this Agreement, addressed in any other fashion shall be deemed not given. 3.7 Waiver of Jury Trial Each Party acknowledges that it is aware of and has had the opportunity to seek advice of counsel of its choice with respect to its rights to trial by jury, and each Party, for itself and its successors, creditors, and assigns, does hereby expressly and knowingly waive and release all such rights to trial by jury in any action, proceeding or counterclaim brought by any Party hereto against the other (and /or against its officers, directors, employees, agents, or subsidiary or affiliated entities) on or with regard to any matters whatsoever arising out of or in any way connected with this Agreement and /or any other claim of injury or damage. 3.8 Attorney's Fees In any action or proceeding to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, the Parties shall bear their own attorney's fees, costs and expenses. Page 5 of 8