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effect. Past due penalties and late interest charges shall continue to accrue and be <br />applicable until all operating fees due under this AGREEMENT are paid in full. <br />OPERATOR's liability for any remaining unpaid past due penalties and/or late interest <br />charges shall continue until fully satisfied. <br />15. Remedies. <br />A. It is acknowledged by the parties that CITY would not have entered into this <br />AGREEMENT if it were to be liable in damages under this AGREEMENT, or with <br />respect to this AGREEMENT or the application thereof, except as hereinafter <br />expressly provided. <br />B. Each of the parties hereto may pursue binding arbitration of any dispute, claim or <br />controversy arising out of or relating to this Agreement or the breach, termination, <br />enforcement, interpretation or validity thereof, including the determination of the <br />scope or applicability of this AGREEMENT. Such matter shall be determined by <br />binding arbitration in Orange County California before three (3) arbitrators. The <br />binding arbitration shall be administered by JAMS pursuant to its Comprehensive <br />Arbitration Rules and Procedures pursuant to JAMS' Streamlined Arbitration Rules <br />and Procedures. Judgment on the award may be entered in any court having <br />jurisdiction. This clause shall not preclude parties from seeking provisional remedies <br />to aid arbitration from a court of appropriate jurisdiction. <br />16. Reimbursement Clause. <br />In consideration of the time and costs incurred by CITY in the drafting and <br />implementation of this AGREEMENT, OPERATOR agrees to pay $2.500 to CITY within <br />thirty (30) days of execution of this AGREEMENT. <br />LL <br />