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11. Compliance with Applicable Law, The Agency shall observe and comply with federal, state
<br />and local laws in effect when this Agreement is executed, or which may come into effect
<br />during the term of this Agreement, regarding the administration of the Plan. PARS shall
<br />observe and comply with federal, state and local laws in effect when this Agreement is
<br />executed, or which may come into effect during the term of this Agreement, regarding Plan
<br />administrative services provided under this Agreement.
<br />12. Applicable Law. This Agreement shall be governed by and construed in accordance with the
<br />laws of the State of California. In the event any party institutes legal proceedings to enforce
<br />or interpret this Agreement, venue and jurisdiction shall be in any state court of competent
<br />jurisdiction.
<br />13. Force Majeure. When satisfactory evidence of a cause beyond a party's control is presented
<br />to the other party, and nonperfonnance was unforeseeable, beyond the control and not due to
<br />the fault of the party not performing, a party shall be excused from performing its obligations
<br />under this Agreement during the time and to the extent that it is prevented from performing
<br />by such cause, including but not limited to: any incidence of fire, flood, acts of God, acts of
<br />terrorism or war, commandeering of material, products, plants or facilities by the federal, state
<br />or local government, or a material act or omission by the other party.
<br />14. Ownership of Reports and Documents. The originals of all letters, documents, reports, and
<br />data produced for the purposes of this Agreement shall be delivered to, and become the property
<br />of the Agency. Copies may be made for PARS but shall not be furnished to others without
<br />written authorization from Agency.
<br />15, Designees. The Plan Administrator of the Agency, or their designee, shall have the authority
<br />to act for and exercise any of the rights of the Agency as set forth in this Agreement,
<br />subsequent to and in accordance with the written authority granted by the Governing Body
<br />of the Agency, a copy of which writing shall be delivered to PARS. Any officer of PARS,
<br />or his or her designees, shall have the authority to act for and exercise any of the rights of
<br />PARS as set forth in this Agreement,
<br />16. Notices. All notices hereunder and communications regarding the interpretation of the terns
<br />of this Agreement, or changes thereto, shall be effected by delivery of the notices in person
<br />or by depositing the notices in the U.S. mail, registered or certified mail, return receipt
<br />requested, postage prepaid and addressed as follows:
<br />(A) To PARS: PARS; 4350 Von Karman Avenue, Suite 100, Newport Beach, CA
<br />92660; Attention: President
<br />(B) To Agency: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701;
<br />Attention: Executive Director of Personnel Services
<br />Notices shall be deemed given on the date received by the addressee.
<br />17, Term of Agreement, This Agreement shall remain in effect for the period that began April
<br />18, 2011 for twelve (12) month periods thereafter unless terminated or until the last beneficiary
<br />or their eligible heirs expire (Term), This Agreement will continue unchanged for the
<br />duration of the term unless either parry gives written notice to the other party of the intent
<br />to terminate prior to ninety (90) days before the end of the twelve ( t2) month period.
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