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Last modified
10/6/2020 10:18:05 AM
Creation date
10/6/2020 10:17:05 AM
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Contracts
Company Name
NASSER RIZK
Contract #
N-2020-166
Agency
Human Resources
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plan, except to the extent that the provisions of any such agreement or plan have been <br />expressly referred to in this Agreement as having continued effect. <br />13. Amendments; Waivers. This Agreement may not be amended <br />except by an instrument in writing, signed by each of the parties. No failure to exercise <br />and no delay in exercising any right, remedy, or power underthis Agreement shall operate <br />as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power <br />under this Agreement preclude any other or further exercise thereof, or the exercise of <br />any other right, remedy, or power provided herein or by law or in equity. <br />14. Assignment; Successors and Assigns. Releasor agrees that he <br />will not assign, sell, transfer, delegate, or otherwise dispose of, whether voluntarily or <br />involuntarily, or by operation of law, any rights or obligations under this Agreement. Any <br />such purported assignment, transfer, or delegation shall be null and void. Releasor <br />represents that he has not previously assigned or transferred any claims or rights <br />released by him pursuant to this Agreement. Subject to the foregoing, this Agreement <br />shall be binding upon and shall inure to the benefit of the parties and their respective <br />heirs, successors, attorneys, and permitted assigns. This Agreement shall also inure to <br />the benefit of any Released Party. This Agreement shall not benefit any other person or <br />entity except as specifically enumerated in this Agreement. <br />15. Severability. If any provision of this Agreement, or its application to <br />any person, place, or circumstance, is held by an arbitrator or a court of competent <br />jurisdiction to be8, unenforceable, or void, such provision shall be enforced to the greatest <br />extent permitted by law, and the remainder of this Agreement and such provision as <br />applied to other persons, places, and circumstances shall remain in full force and effect. <br />16. Attorneys' Fees. In any legal action, arbitration, or other proceeding <br />brought to enforce or interpret the terms of this Agreement, the prevailing party shall be <br />entitled to recover reasonable attorneys' fees and costs. <br />17. Governing Law. This Agreement shall be governed by and <br />construed in accordance with the law of the State of California with venue being in Orange <br />County, California. <br />18. Interpretation. This Agreement shall be construed as a whole, <br />according to its fair meaning, and not in favor of or against any party. By way of example <br />and not in limitation, this Agreement shall not be construed in favor of the party receiving <br />a benefit nor against the party responsible for any particular language in this Agreement. <br />Captions are used for reference purposes only and should be ignored in the interpretation <br />of the Agreement. <br />19. Representation by Counsel. The parties acknowledge that (1) they <br />have had the opportunity to consult counsel in regard to this Agreement; (ii) they have <br />read and understand the Agreement and they are fully aware of its legal effect; and (iii) <br />they are entering into this Agreement knowingly and voluntarily, and based on each <br />on <br />
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