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C. In the event Consultant defaults by failing to fulfill all or any of its obligations <br />hereunder, City may declare a default and temination of this Agreement by written notice to <br />Consultant, which default and termination shall be effective on a date stated in the notice which is to <br />be riot less than ten (10) days after certified mailing or personal service of such notice, unless such <br />default is cured before the effective date of termination stated in such notice. If tenninated for <br />cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result <br />of the termination thereof, including the payment of money, except for payment for approved <br />expenses incurred for services satisfactorily and timely performed prior to the mailing or service of <br />the notice of termination, and except for reimbursement of (1) any payments made for services not <br />subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in <br />obtaining substitute performance. <br />10. VENUElJURISDICTION <br />This Agreement has been executed and delivered in the State of California and the <br />validity, interpretation, performance, and enforcement of any of the clauses of this Agreement <br />shall be determined and governed by the laws of the State of California. Both parties further <br />agree that Orange County, California, shall be the venue for any action or proceeding that may <br />be brought or arise out of, in connection with or by reason of this Agreement. <br />11. VALIDITY <br />The invalidity in whole or in part of any provision of this Agreement shall not void or affect <br />the validity of any other provision of this Agreement. <br />12. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />Agreement shall be in writing and shall be deemed to be properly given if delivered in person or <br />mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic <br />communication in the manner provided in this Section, to the following persons: <br />To City: Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M -30) <br />P.O. Box 1988 <br />Santa Ana, California 92702 -1988 <br />Facsimile (714) 647 -6956 <br />Copies to: Parks, Recreation and Community Services Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M -23) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />25A -35 <br />