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16. ARBITRATION. a. Any controversy or claim arising out of or relating to the <br />Agreement as amended shall be submitted to non -binding —arbitration in accordance with the <br />Center for Public Resources Rules for Non -Administered Arbitration of Business Disputes (but <br />shall be non -binding), by three arbitrators, of whom each party shall appoint one and the third <br />shall be chosen by the other two. The arbitration shall be governed by the United States <br />Arbitration Act, 9 USC §§1-16, and judgment may be entered by any court having jurisdiction <br />thereof. The place of arbitration shall be Orange County, California. The arbitrators are <br />empowered to award damages in accordance with the Limitation of Liability section of this <br />Agreement, and may not award punitive damages. <br />b. Either party may initiate litigation upon thirty (30) days' written notice to the other <br />party. <br />17. NO WAIVER OF BREACH. It is expressly understood that if either party on any <br />occasion fails to adhere to any term of this Agreement, and the other party does not enforce that <br />term, the failure to enforce on that occasion shall not prevent enforcement on any other occasion. <br />18. APPLICABILITY TO SUBCONTRACTORS. City shall ensure that its <br />subcontractors also adhere to the applicable provisions of this Agreement. <br />19. SURVIVAL. The following Sections shall survive termination of this Agreement: Use <br />of State Farm Name, Hold Harmless, Limitation of Liability, Infringement Indemnification, <br />Arbitration, No Waiver of Breach, Choice of Law, and Survival. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year <br />first above written. <br />ATTEST: <br />PATRICIA E__A LY <br />Clerk of the Cpuncil <br />APPROVED AS TO FORM: <br />JOSEPH W.FLETCHER <br />City Attorney <br />By: �,r <br />La Sheedy J <br />Assistant City Atto ` <br />RECOMMENDED FOR APPROVAL: <br />GERARDO MOUET <br />Executive Director - RCS <br />CITY OF SANTA ANA <br />1 J <br />DAVID N. RE <br />City Manager <br />STATE FARM INSURANCE <br />CQMPANY <br />13RENDA SMITI-�—� ' <br />Public Affairs Manager, CA Zone <br />Tax ID# 3 7 -. (? S 2 3 1 0 0 <br />CA 0O 3191.50 <br />