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FINAL 4.12 -16 <br />Water Resources Division <br />220 South Daisy Ave. <br />Santa Ana, CA 92702 <br />Phone: (714) 647 -3378 <br />Attention: Water Resources Manager, Nabil Saba <br />Email: NSaba @santa- ana.org <br />b) Such notice shall be deemed made when personally delivered or emailed and shall be <br />deemed adequate notice on the date actual notice occurred, regardless of the method of <br />service. <br />13. ACCOUNTING <br />a) Upon request of the City, MWDOC will provide copies of any specified consultant's <br />agreements, invoices and MWDOC's related payment records. <br />14. INDEPENDENT CONTRACTORS <br />a) Any consultant engaged by MWDOC as contemplated in this Agreement will not be a <br />party or third party beneficiary to this Agreement and will not be an employee or agent of <br />MWDOC or the City, either as a result of this Agreement or as a result of any <br />professional services agreement between MWDOC and the consultant. The professional <br />services agreement between MWDOC and any consultant engaged by MWDOC as <br />contemplated in this Agreement will specify that the consultant is an independent <br />contractor. <br />15. INDEMNIFICATION <br />a) When WUE Programs provided in the City's water service area require participants to <br />sign an application form that contains a release, waiver and /or indemnification, the <br />application form shall specify that the release, waiver and /or indemnification covers both <br />MWDOC and the City. <br />b) To the extent that MWDOC, including its staff or consultants, or the City, including its <br />staff or consultants, performs any activities in connection with the programs or services <br />provided as contemplated in this Agreement, each agrees to indemnify and hold the <br />other harmless from any and all liability, claims, obligations, damages, and suits arising <br />out of the activities it performs. <br />16. JURISDICTION AND VENUE <br />a) In all matters concerning the validity, interpretation, performance, or effect of this <br />Agreement, the laws of the State of California shall govern and be applicable. The <br />Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State <br />of California and that venue of any action brought hereunder shall be in Orange County, <br />California. <br />17. JOINT DRAFTING <br />a) All Parties have participated in the drafting of this Agreement. The Agreement may be <br />Page 10 of 11 <br />25H -14 <br />