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25G - AGMT - DELHI PROJECT
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25G - AGMT - DELHI PROJECT
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6/30/2016 4:02:09 PM
Creation date
6/30/2016 2:32:21 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25G
Date
7/5/2016
Destruction Year
2021
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from any obligations under any prior agreements to be performed through the Effective Date or <br />from any obligations of indemnification based upon events occurring prior to the Effective Date, <br />This Agreement shall be construed as if prepared by all Parties hereto. <br />14.2 Governing Law. California law shall govern the interpretation of this Agreement. Any <br />action or proceeding brought to enforce the Agreement, or related to the Agreement, shall be <br />brought in Orange County, California, notwithstanding the provisions of California Code of Civil <br />Procedure Section 394. <br />14.3 Amendment. Any amendment to this Agreement shall be made in writing and signed by all <br />of the Parties hereto. <br />14.4 Counterpart. The Agreement and any amendment hereto may be executed in one or more <br />counterparts, each of which shall be deemed an original, but all of which together shall constitute <br />one and the same instrument. <br />14.5 Availability of Funds. All obligations of the Parties, including those exercised through <br />the Project Representatives, under the terms of this Agreement are subject to the availability of <br />funds appropriated for this purpose, and nothing herein shall be construed as obligating any Party <br />to expend or as involving any Party in any other contract or obligation for the future payment of <br />money in excess of appropriations authorized by law. <br />SECTION 15 <br />NOTICES <br />Any notices given pursuant to the Agreement or regarding matters contained within this <br />Agreement shall be deemed delivered upon personal delivery or five (5) days after deposit in the <br />United States Mail, first class, postage prepaid, addressed to the Project Representative of each <br />Party at the address included in the signature section. Notice under this Agreement shall be <br />given to each Party and JWA using the following contact information, unless any Project <br />Representative gives notice of a change in Project Representative or contact information <br />pursuant to this Section, in which case the new information shall be substituted for the <br />information set forth in this Section. <br />Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 <br />25G -37 <br />Page 33 of 74 <br />
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