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of competent jurisdiction located in Orange Comity, California, and the Parties <br />hereto agree to and do hereby submit to the jurisdiction of such court, <br />notwithstanding the provisions of Code of Civil Procedure Section 394. The <br />Parties agree to waive any and all rights to request that an action be transferred for <br />trial to another County. <br />b. NOTICES - Any notice or other written instrtnuent required or permitted by this <br />Agreement to be given to any Party shall be deemed received when personally <br />served or transmitted by facsimile, or forty-eight (48) hours after being deposited in <br />the U.S. Mail, postage prepaid, First Class or certified, and addressed as follows: <br />City of Santa Ana <br />City of Costa Mesa <br />Tyrone Cheswick <br />BaltazaT Me'ia <br />Principal Civil Engineer <br />Acting City Engineer <br />20 Civic Center Plaza, M-22 <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />Public Services <br />77 Fair Drive, 4th Floor <br />Costa Mesa, CA. 92626 <br />a ATTORNEYS' FEES - In the event suit is brought by any Party to enforce the <br />terms and provisions of this Agreement, or to secure the performance hereof, each <br />Party shall bear its own attorneys' fees. <br />FORCE M.AJEURE - Except for the payment of money, no Party shall be liable for <br />any delays or other non-perfornance resulting from circumstances or causes <br />beyond its reasonable control, including, without limitation, fire or other casualty, <br />Acts of God, strike or labor dispute, war or other violence, acts of third parties not <br />within either Party's reasonable control or any law, order or requirement of any <br />governmental agency or authority, <br />d. WAIVER - A waiver of a breach of the covenants, conditions or obligations under <br />this Agreement by either Party shall not be construed as a waiver of any succeeding <br />breach of the same or other covenants, conditions or obligations of this Agreement. <br />e. MODIFICATION — Any alterations, changes or modifications to this Agreement <br />shall be in the form of a written amendment, which shall be signed by each Party. <br />f. ASSIGNMENT - No Party shall assign its performance of this Agreement, nor any <br />part thereof, without the prior written consent of the non -assigning Party. Any <br />assignment made in violation of this section shall be null and void. <br />g. INDEMNIFICATION BY SANTA ANA: SANTA ANA shall indemnify, defend <br />and hold COSTA MESA, its officers, agents and employees, harmless from any <br />expense, liability or claim for death, injury, loss, damage or expense to persons or <br />property which may arise or is claimed to have arisen as a result of any acts <br />performed by SANTA ANA, its officers, agents, or employees, with respect to the <br />Project, save and except to the extent such expense, liability or claim is proximately <br />Page 4 of 12 <br />