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3.6 General Provisions. <br />3.6.1 Entire Agreement. The text herein shall constitute the entire agreement <br />between the Parties. <br />3.6.2 Severability. if any provision, or any portion thereof. contained in this <br />Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, <br />or portion thereof. shall be deemed severable, shall not be affected and shall remain in full force <br />and effect. <br />3.63 Bonding. If applicable, the City shall bear the full cost of any fidelity or <br />other bonds required of Employee in the performance of his duties as City Manager. <br />3.6.4 Modification. Any modification of this Agreement will be effective only <br />if it is in writing and signed by both Parties. <br />3.6.5 Effect of Waiver. The failure of either Party to insist on strict compliance <br />with any of the terms, covenants, or conditions of this Agreement by the other Party shall not be <br />deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of <br />any right or power at any one time or times be deemed a waiver or relinquishment of that right or <br />power for all or any other times. <br />3.6.6 Assignment. Neither this Agreement, nor any right, privilege or <br />obligation of Employee hereunder shall be assigned or transferred by his without the prior <br />written consent of the City Council. Any attempt at assignment or transfer in violation of this <br />provision shall, at the option of the City Council, be null and void and may be considered a <br />material breach of this Agreement. <br />3.6.7 Law Goveminp Agreement. This Agreement shall be governed by and <br />construed in accordance with the laws of the State of California. Vemrc shall be in Orange <br />County, California. <br />3.6.8 No Presumption of Drafter. The Parties acknowledge and agree that the <br />terms and provisions of this Agreement have been negotiated and discussed between the Parties, <br />and this Agreement reflects their mutual agreement regarding the subject matter of this <br />Agreement. Because of the nature of such negotiations and discussions, it would be <br />inappropriate to deem any Party to be the drafter of this Agreement and, therefore, no <br />presumption for or against validity or as to any interpretation hereof, based upon the identity of <br />the drafter shall be applicable in interpreting or enforcing this Agreement. <br />3.6.9 Attorneys' Fees. if any action at law or in equity. including an action for <br />declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the <br />prevailing Party shall be entitled to recover such amount as the court may award as reasonable <br />attorneys' fees and costs. <br />25J -7 <br />