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Exhibit D <br />Nothing contained hcnain, or in any document related hereto, shall be construed to haply the conveyance to <br />GRANTEE of rights in the Easement Area which exceed those owned by COUNTY, or any representation or <br />warranty, either express or implied, relating to the nature or condition of the Easement Area or COUNTY's <br />interest theroin. <br />11. NOTICES <br />All notices, documents, correspondence and communications concerning this Temporary Easement shall be <br />addressed as set firth in this Section, or as die Parties may hereafter designate by written notice, and shall be <br />sent through the United States mail with postage prepaid Any such mailing shall be deemed served or <br />delivered twenty -four (24) hours after mailing. Each Party may change the address for notices by giving the <br />other party at toast ton (10) calendar days' prior writtennotico of the new address. Notwithstanding the above, <br />either Party may also provide notices, documents, correspondence, or such other communications to the other' <br />by personal delivery and so given shall be deemed to have been given upon receipt. <br />Director of OC Public Works <br />Shane Silsby <br />300 Nmih Flower Street <br />Santa Ana, CA 92703 -5000 <br />Facsimile: (714) 3342595 <br />121:1: D15 -013 Santa Ana- Dellni Diversion (FOI) <br />John Wayne Airport <br />Airport Director <br />Barry A. Roodi nella <br />3160 Airway Avenue <br />Costa Mesa, CA 92626 <br />Facsimile: (949) 252.51.74 <br />RE: Santa Ana - ;Delhi Divorsion Project TCE <br />12. VENUE (PML'513. IN) <br />City of Santa Ana <br />City Manager <br />20 Civic Center Plaza M -22 <br />Santa Ana, CA 92702 <br />Phone: <br />Fax: <br />Email: <br />'The Parties hereto agree that this Temporary Easement has been negotiated and executed in die state of California <br />and shall be governed by and eomt'rrod under ate taws of California. ht the event of any legal action to enforce or <br />interpret this Temporary Easement, the sole and exclusive venue shall be a wort of competentjurvs(tiction located <br />in the County of Los Angeles, California, and the Parties hereto agree to and do hereby subunit to thejurisdiction of <br />such court, Furthermore, absent good cause shown, the Parties hereto specifically agree to waive any and all rights <br />to request that an action be tr'ans'ferred for trial to another county. <br />13. NYAIVF.ROFRIGI- ITS(PiNES14.1S) <br />The failure of COUNTY to insist upon strict performance of any of the terms, covenants, or conditions of this <br />Temporary Easement shall not be -feared a waiver of airy right or remedy that COL.INT'Y may have, and shall not <br />be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the <br />Temporary Easement thereafter, nor it waiver of any remedy for the subsequent breach or default of any tern, <br />covenant, or condition of this Temporary Easement. <br />Su,M A00 -rdfid D,meiw P14jav(F01i WE 6 05102GIG <br />Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 <br />25G -56 <br />Page 52 of 74 <br />