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<br />of competent jurisdiction located in Orange County, 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 instrument required or permitted by this
<br />Agreement to be, given, to any Parley shall be deemed received :When personally
<br />scrved.or transmitted by fsesinnile, or, forty-eight (48) hours alter being deposited in
<br />the US, Mail, postage prepaid, First Class or certified, and addressed as follows:
<br />City of Santa Anna
<br />City of Costa Mesa
<br />one Chesanek
<br />Baltazar Mojia
<br />principal Civil. Engineer.
<br />Actin City Engineer
<br />20 Civic Center Plaza, M-22
<br />P,O. Box 1988
<br />Santa Ana, CA 92702
<br />Public Services
<br />77 Pair Drive, 4th Floor
<br />Costa, Mesa, CA. 92626
<br />c. ATTORNEYS' FEES - In the event suit is brought by any Party to enforce the
<br />terms and provisions of this Agreement, or to secure die performance hereof, each
<br />Party shall bear its own attorneys' tees.
<br />FORCE MAJEURE - Except for the payment of money, no Party shall be liable for
<br />any delays or other non-performance 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 />govermnental 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 />E 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
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