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b. In the event LICENSEE fails, neglects or refuses to remove said improvements, <br />as stated above, and restore the License Areas, such removal and restorations may be performed <br />by CITY, at LICENSEE's expense, which expense LICENSEE agrees to pay to CITY upon <br />demand. <br />9. Miscellaneous. <br />a. Choice of Law. This Agreement is to be governed by, and construed in <br />accordance with, the laws of the State of California. <br />b. Remedies. Either party shall, in addition to all other rights provided herein or as <br />may be provided by law, be entitled to the remedies of specific performance and injunction to <br />enforce its rights hereunder, except to the extent expressly provided to the contrary in this <br />Agreement. All rights and remedies under this Agreement are cumulative and no one of them <br />shall be exclusive of any other, and each party shall have the right to pursue any one or all of <br />such rights and remedies or any other remedy which may be provided by law, whether or not <br />stated in this Agreement, except to the extent expressly provided to the contrary in this <br />Agreement. <br />C. Counterparts. This Agreement may be executed in two (2) or more counterparts, <br />each of which shall be deemed an original but all of which together shall constitute one and the <br />same instrument. <br />d. Non -Liability of Public Officials. No officer, employee, member, agent or <br />representative of CITY shall be personally liable to LICENSEE, or any successor in interest, in <br />the event of any default or breach by CITY, or for any amount which may become due to <br />LICENSEE or its successor, or for any breach of any obligation of the terms of this Agreement. <br />e. Effective Date. This Agreement shall become effective on the date first set forth <br />above. <br />f Assignment. LICENSEE shall not record, hypothecate, assign or attempt to <br />record, hypothecate or assign this personal License. Any attempt by LICENSEE to record, <br />hypothecate or assign this License shall automatically terminate this License Agreement and <br />render this License void and invalid for all purpose. <br />IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the <br />date first set forth above. <br />Attest: <br />'e- <br />aria D. Huizar <br />Clerk of the Council <br />CITY OF SANTA ANA , <br />David Cavazos <br />City Manager <br />Page 6 of 8 <br />