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issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. ENTIRE AGREEMENT This Agreement represents the entire agreement between the Parties regarding the subject matter herein, and supersedes all prior negotiations, representations, and contracts, written or oral. This Agreement may only be amended by an instrument, in writing, signed by the Parties. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument, 13. WAIVER The waiver of either party of any breach or violation of any covenant, term, condition, or provision of this Agreement shall not be deemed to be a waiver of any such covenant, tenn, condition, or provision. 14. SEVERABILITY In the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 15. GOVERNING LAW AND VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Maria D. Hrrizar David Cavazos Clerk of Council City Manager -- signatures continue on following page -- Page 7 of 8 25E -9