75A - PH RE AMEND DEV PYLON SIGN

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the sufficiency or legal effect of the same, and no such acceptance or approval shall constitute a warranty or representation by City to anyone. 6.4 Interpretation: Governing Law: Venue. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California, without regard to conflict of law principles. All legal actions must be instituted and maintained in the Superior Court of the County of Orange, State of California, or in any other appropriate court in that County. 6.5 Severability. If any term, provision, agreement, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. 6.6 Binding Effect: Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. 6.7 Notices. All notices and other communication required under this Agreement shall be in writing and shall be delivered by either: (i) personal delivery, (ii) reliable courier service that provides a receipt showing date and time of delivery, (iii) registered or certified U.S. Mail, postage prepaid, return receipt requested, or (iv) facsimile. Notices shall be addressed to the respective parties as set forth below or to such other address and to such other persons as the parties may hereafter designate by written notice to the other party hereto: To City: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: City Manager Facsimile: (714) 647-6954 To Auto Mall: Santa Ana Auto Mall Dealers Association, LLC c/o Premier Property Management 25108 Marguerite Parkway#A-262 Mission Viejo, CA 92692 Email: emilybenedick@gmail.com Each notice shall be deemed delivered on the date delivered If by personal delivery or by overnight courier service, on the date of receipt as disclosed on the return receipt if by mail, or on the date of transmission with confirmed successful transmission and receipt if by facsimile. By giving to the other party written notice as provided above, the parties to this Agreement shall have the right from time to time, and at any time during the term of this Agreement, to change their respective addresses or contact persons. 6.8 Representations and Warranties. As a material Inducement to City's entry Into this Agreement, Auto Mall represents and warrants to City that (i) Auto Mall has the full power and authority to enter into and perform under this Agreement; and (ii) all authorizations and approvals required to make this Agreement binding upon Auto Mall have been duly obtained. As a material inducement to Auto Mall's entry into this Agreement, City represents and warrants to Auto Mall that, subject to and limited by the provisions of Section 5.2: (i) City has the full power and authority 75A-28