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Exhibit D <br />Nothing contained herein, or in any document rrrlatcd hereto, shall be construed to imply 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 Arca or COUNTY's <br />intemttherein. <br />11. NOTICES <br />All notices, documents, correspondence and communications concerning this Temporary Easemout sball be <br />ad.dresscd asset forth in this Section, oras the 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 ohangq. the address for notices by giving the <br />other party at I.easttm (10) calendar days' prior written notice of the now address. Notwithstanding the above, <br />ei(her Party may also provide notices, documents, correspondence, or such other communications to the other <br />by personal delivery and so given shall be deerneri to have been given upon receipt. <br />Dia-ector of 0C- Public Works <br />Shane IYUsby <br />300 North Flower Street <br />Santa Dana, CA 92703-5000 <br />Facsimile: (714) 934-2395 <br />RE: D15-013 Santa Ana-Delfti Diversion (F01) <br />John Wayne Airport <br />Ait'port Director <br />Barry A. Pondinella <br />3160 Airway Avenue <br />Costa Mesa, CA 92626 <br />Facsimile: (949)252-5174 <br />RE, Santa Ana -Delhi Diversion Project TCE <br />12. VENUE (PMES13,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 the state of California <br />and shall be governed by and construed tinder the laws of Cal ifornia. In the event of a.ny legal action to enforce or <br />interpret this Temporary Easement, the. sole and exclusive venue shall be a court of competent jurisdiction located <br />in the County of Los Angeles; California, and the Parties hereto agree to and do hereby submit to the jurisdiction 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 transferred for trial to another county. <br />13. WAIVER 01; RIGHTS (PME.S14, IS) <br />'111, failure of COUNTY to insist upon strict performance of any of the terms, covenants, or conditions of this <br />Temporary Easement shall not be deemed a waiver of any right or remedy that COLNTY 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 a waiver of any remedy for the subsequent breach or default of any term, <br />covenant, or condition of this Temporary Easement. <br />Santa. Ana. -Delhi Diverslon Prujoel (F1r)'FUF- 6 05192016 <br />Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 52 of 69 <br />