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Section 7. Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Agreement. Section 8. Severability. Each provision of the Agreement shall be severable from the whole. If any provision of this Agreement shall be found contrary to law, the remainder of this Agreement shall continue in full force. Section 9. Governing Law. This Agreement shall be governed by, and construed under, the laws of the State of California. Section 10. Legal Actions. The municipal and superior courts of the State of California in the County of Orange shall have the exclusive jurisdiction of any litigation between the parties arising out of this Agreement. Section 11. Attorney's Fees. In the event that either Santa Ana or Irvine fails to comply with any of the material terms of this Agreement to be complied with on its part and the other party commences legal proceedings to enforce any of the material terms of this Agreement, the prevailing party in any suit shall receive from the other a reasonable sum as attorney's fees and costs may be awarded by the court or jury. Section 12. Entire Agreement. This Agreement supersedes any and all other prior agreements, negotiations, or representations, either oral or written, between the parties hereto with respect to the terms set forth in this Agreement. This Agreement may not be modified or amended except in a writing signed by both Irvine and Santa Ana. 4 Li