Laserfiche WebLink
acts of God, commandeering of material, products, plants or facilities by the <br />federal, state or local government, national fuel shortage, and any other <br />conditions beyond the reasonable control of a party. <br />Assignment. Neither this Agreement, nor any of the parties' rights, <br />obligations, or duties hereunder may be assigned in whole or in part by either <br />party without the prior written consent of the other party in its sole and <br />absolute discretion. Any attempted assignment shall be deemed void and of <br />no force and effect. Consent to one assignment shall not be deemed consent <br />to any subsequent assignment, nor the waiver of any right to consent to such <br />subsequent assignment. <br />h. Governing Law. This Agreement shall be governed by and construed under <br />the laws of the State of California and applicable local and federal laws, <br />regulations and guidelines. In the event of any legal action to enforce or <br />Interpret this Agreement, the parties agree that the sole and exclusive venue <br />shall be a court of competent jurisdiction located in Orange County, <br />California. <br />Attorneys' Fees. If litigation is brought by either party in connection with this <br />Agreement, the prevailing party shall be entitled to recover from the opposing <br />party all costs and expenses, including reasonable attorneys' fees, incurred <br />by the prevailing party in the exercise of its rights and remedies hereunder or <br />the enforcement of any of the terms, conditions, or provisions hereof. <br />j. Notices. Any notices, requests, or demands made between the parties <br />pursuant to this Agreement are to be directed as follows: <br />If to COSTA MESA: <br />City Clerk <br />City of Costa Mesa <br />77 Fair Drive <br />Costa Mesa, CA 92626 <br />If to SANTA ANA: <br />Clerk of the Council <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, CA 92701 <br />k. Order of Precedence. In the event of an inconsistency in this Agreement and <br />any of the attached exhibits, the terms set forth in this Agreement shall <br />prevail. If, and to the extent this Agreement incorporates by reference any <br />provision of any document, such provision shall be deemed a part of this <br />Agreement. Nevertheless, if there is any conflict among the terms and <br />conditions of this Agreement and those of any such provision or provisions so <br />incorporated by reference, this Agreement shall govern over the document <br />referenced. <br />I, Headings. Paragraphs and subparagraph headings contained in this <br />Agreement are included solely for convenience and are not intended to <br />25C-10 <br />