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In any action or proceeding between CITY and OPERATOR brought to interpret or enforce this <br />AGREEMENT, or which in any way arises out of the existence of this AGREEMENT or is based <br />upon any term or provision contained herein, the "prevailing party" in such action or proceeding <br />shall be entitled to recover from the non -prevailing party, in addition to all other relief to which the <br />prevailing party may be entitled pursuant to this AGREEMENT, the prevailing party's reasonable <br />attorneys' fees and litigation costs, in an amount to be determined by the court. The prevailing <br />party shall be determined by the court in accordance with California Code of Civil Procedure <br />Section 1032. Fees and costs recoverable pursuant to this Section 17 include those incurred <br />during any appeal from an underlying judgment and in the enforcement of anyjudgment rendered <br />in any such action or proceeding. <br />14. Notice. <br />Any notice, tender, demand, delivery, or other communication pursuant to this AGREEMENT shall <br />be in writing and shall be deemed to be properly given if delivered in person or mailed by first <br />class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the <br />manner provided in this section, to the following persons: <br />To CITY: Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />Fax 714-647-6956 <br />Copies to: Executive Director — Planning and Building Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-20) <br />P.O. Box 1988 <br />Santa Ana, California 92702-1988 <br />Fax 714-973-1461 <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, California 92702-1988 <br />Fax 714-647-6515 <br />To OPERATOR: Rishi Desai <br />The 10 Spot, Inc. DBA The Jade Room <br />2700 S Shannon St <br />Santa Ana, CA 92704 <br />Tel (909) 210-6678 <br />Email oc@jaderoom.com <br />A party may change its address by giving signed notice in writing to the other party. Thereafter, <br />any communication shall be addressed and transmitted to the new address. If sent by mail, <br />communication shall be effective or deemed to have been given three (3) days after it has been <br />