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9.3 No Assignment. Licensee shall not assign or transfer or otherwise convey any <br />interest in this Agreement to any party without the express prior written consent of First American, which <br />consent may be withheld in First American's sole and absolute discretion, <br />9.4 Applicable Law. This Agreement shall be construed and enforced in accordance <br />with the internal laws of the State of California. <br />9.5 Litigation Expenses. If either party to this Agreement commences an action <br />against the other party to this Agreement arising out of or in connection with this Agreement, the <br />prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of <br />investigation, and costs of suit from the losing party. <br />9.6 Authority. Tire persons executing this Agreement on behalf of the parties hereto <br />represent and warrant to the other party that they are duly authorized to execute and deliver this <br />Agreement on behalf of such party, and by so executing this Agreement, said party is formally bound to <br />the provisions of this Agreement. <br />9.7 Execution in Counterpart. This Agreement may be executed in several <br />counterparts, and all so executed shall constitute one agreement binding on both of the parties hereto, <br />notwithstanding that both parties are not signatories to the original or the same counterpart. <br />IN WITNESS WHEREOF, First American and Licensee have entered into this Agreement as of <br />the day and year first written above. <br />FIRST AMERICAN: <br />FIRST AMERICAN TITLE INSURANCE <br />COMPANY, a California corporation <br />BY: T L4? <br />Its: <br />By: <br />s c cham <br />Its: Vice President, niredor <br />Corporate Real Estate <br />LICENSEE <br />CITY OF SAN 6A <br />CA;I?alifomia <br />municipal cote is By: <br />Its: Kevin O'Rourke, <br />Interim City Manager <br />ATTEST: <br />MARIA 14UTZAR <br />City Clerk <br />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attorney <br />By: Laura A. Rossini <br />Assistant City Attorney