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<br />expenses and costs (including reasonable attorneys' fees, costs and <br />disbursements) attributable to actions or non-actions of CCA and/or its <br />employees and/or its representatives in connection with the use or disclosure <br />of Confidential Information. <br /> <br />9. If, at any time, CCA ceases its investigation, pursuit or implementation of <br />community choice aggregation pursuant to PU Code Section 366.2 et seq., <br />CCA shall promptly return or destroy (with written notice to Utility itemizing <br />the materials destroyed) all Confidential Information then in its possession at <br />the request of Utility. Notwithstanding the foregoing, the nondisclosure <br />obligations of this Agreement shall survive any termination of this <br />Agreement. <br /> <br />10. This Agreement shall be binding on and inure to the benefit of the successors <br />and permitted assigns of the Parties hereto. This Agreement shall not be <br />assigned, however, without the prior written consent of the non-assigning <br />Party, which consent may be withheld due to the confidential nature of the <br />information, data and materials covered. <br /> <br />II. This Agreement sets forth the entire understanding of the Parties with respect <br />to the subject matter hereof, and supersedes all prior discussions, negotiations, <br />understandings, communications, correspondence and representations, <br />whether oral or written. This Agreement shall not be amended, modified or <br />waived except by an instrument in writing, signed by both Parties, and, <br />specifically, shall not be modified or waived by course of performance, course <br />of dealing or usage of trade. Any waiver of a right under this Agreement shall <br />be in writing, but no such writing shall be deemed a subsequent waiver of that <br />right, or any other right or remedy. <br /> <br />12. This Agreement shall be interpreted and enforced in accordance with the laws <br />of the State of California, without reference to its principles on conflicts of <br />laws. <br /> <br />13. This Agreement shall, at all times, be subject to such changes or modifications <br />by the CPUC as it may from time to time direct in the exercise of its <br />jurisdiction. <br /> <br />Form 14-769 <br /> <br />Page 4 of 6 <br />