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Agreement No. D12-025 <br />3.9 Governing Law & Venue This Agreement has been negotiated and executed <br />in the State of California and shall be governed by and construed under the laws of the State of <br />California. In the event of any legal action to enforce or interpret this Agreement, the sole and <br />exclusive venue shall be a court of competent jurisdiction located in Orange County, California, <br />and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, <br />notwithstanding Code of Civil Procedure Section 394. <br />3.10 Counterparts This Agreement may be executed in two or more counterparts, <br />each of which shall be deemed an original, but all of which together shall constitute but one and <br />the same instrument. <br />3.11 Termination In the event County or City defaults in the performance of any of <br />their obligations under this Agreement or materially breaches any of the provisions of this <br />Agreement, City and County shall have the option to terminate this Agreement upon thirty (30) <br />days' prior written notice to the other Party. In the event City or County cures such default <br />within such thirty (30) day period, City and County's election to terminate shall be deemed <br />revoked and of no further force and effect as to that particular default. <br />3.12 Availability of Funds This Agreement is subject to the availability of funds <br />appropriated for this purpose, and nothing herein shall be construed as obligating the Parties to <br />expend or as involving the Parties in any contract or other obligation for future payment of <br />money in excess of appropriations authorized by law. <br />Page 6 of 8 <br />