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any litigation arising out of or connected with this Agreement shall lie <br />exclusively in the superior court in Orange County in the State of California, <br />and the parties consent to jurisdiction over their persons and over the subject <br />matter of any such litigation in such court, and consent to service of process <br />issued by such court. <br />f. Waiver of Rights. Any grant award or acceptance by City of any service <br />performed by Grantee under this Agreement, any waiver by City of any <br />default, breach or condition precedent, shall not be construed as a waiver of <br />any provision of this Agreement by City, nor as a waiver of any other <br />default, breach or condition precedent or any other right hereunder. <br />g. Successor and Assigns. Grantee binds itself, its partners, successors, legal <br />representatives and assigns to City with respect to all promises and <br />agreements contained herein. <br />h. Authority to Sign. The signers of this Agreement have the capacity and are <br />authorized to execute this Agreement as the representatives of their <br />respective parties, and to bind said parties to the terms hereof. This <br />Agreement is subject to the approval by each party's governing body. <br />IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and <br />year first herein above set forth. <br />ATTEST: <br />MARIA D. HUIZAR <br />Clerk of the Council <br />APPROVED AS TO FORM <br />SONIA R. CARVALHO <br />City Attorney <br />By: /)v <br />ron M. Funk <br />Assistant City Attorney <br />FOR APPROVAL <br />ROBERT CORTEZ <br />Deputy City Manager <br />CITY OF SANTA ANA <br />CYNTHIA J, KURTZ <br />Interim City Manager <br />GRANTEE <br />Name: <br />Title: <br />25B-16 <br />