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49. GENDER AND NUMBER: <br />As used herein, the masculine gender shall include the feminine and neuter, and the <br />singular shall include the plural. <br />50. VALIDITY: <br />The invalidity in whole or in part of any provision of this Agreement shall not void or <br />affect the validity of the other provisions of this Agreement. <br />51. ASSIGNABILITY: <br />CONTRACTOR may not assign or transfer any rights, interests or duties or obligations <br />of perfonnance under this Agreement, whether by assignment or novation, without the prior <br />written consent of the CITY; provided, however, that claims for money due or to become due to <br />the CITY under this Agreement may be assigned to a bank, trust company or other financial <br />institution, or to a trustee in bankruptcy, without such approval. This section shall not prohibit <br />the assignment, merger or transfer of any rights or interests herein to any other wholly owned <br />subsidiary of Waste Management, Inc. Notice of any assignment, merger or transfer shall be <br />furnished to the CITY in writing within seven (7) calendar days of such assignment, merger or <br />transfer. <br />52. GOVERNING LAW: <br />This Agreement shall be governed by and construed in accordance with the laws of the <br />State of California. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year <br />first hereinabove written. <br />ATTEST: <br />MARIA D. HUIZAR <br />Clerk of the Council <br />CITY OF SANTA ANA <br />25K-46 <br />