ORANGE COUNTY FLOOD CONTROL DISTRICT (7) - 2013

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Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such other communications to the other by personal delivery or by facsimile and so given shall be deemed to have been given upon receipt if provided by personal delivery; or if by facsimile on the day transmitted provided transmitted by 4:30 P.M. (PT) on the receiving Party's regular business day, otherwise delivery shall be deemed to have been given on the next business day. To DISTRICT: Orange County Flood Control District c/o OC Public Works/Real Estate Services Re: E01-R1451/2 SAR- City of Santa Ana Sewer 300 N. Flower Street, 6th Floor Santa Ana, CA 92703-5000 Facsimile: 714/834-2870 To GRANTEE: City of Santa Ana Public Works Agency M-85 P.O. Box 1988 Santa Ana, CA 92702 Facsimile:714/647-3345 To Orange County Water District: Orange County Water District 10500 Ellis Avenue Fountain Valley, CA 92708 Facsimile: 714/3 78-3 3 81 11. VENUE (PME513.15) To Orange County Sanitation District: Orange County Sanitation District 10844 E11is Avenue Fountain Valley, CA 92708 Facsimile: 714/962-5018 The Parties hereto agree that this Easement Deed has been negotiated and executed in the state of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this Easement Deed, the sole and exclusive venue shall be a court of competent jurisdiction located in the County of Orange, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the Parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another county. 12. WAIVER OF RIGIITS (PMES14.1S) The failure of DISTRICT to insist upon strict performance of any of the terms, covenants, or conditions of this Easement Deed shall not be deemed a waiver of any right or remedy that DISTRICT may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the Easement Deed thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the Easement Deed. 13. SEVERABILTTY(PMES15.1S) If any term, covenant, condition, or provision of this Easement Deed is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 14. ATTORNEYS' FEES (PMES16.1S) In any action or proceeding brought to enforce or interpret any provision of this Easement Deed, or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorneys' fees and costs. 15. SUCCESSORS AND ASSIGNS (PMES18.1S) The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties hereto. Sewer Pasemen0 - OCFCD to Ciry of Santa Ana 6 10302012