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DO NOT RECORD <br />Section 8.09 Time of Essence <br />Time is expressly declared to be of the essence in this Agreement <br />Section 8.10 Governing Law <br />This Agreement has been executed and delivered in the State of California and the <br />validity, interpretation, performance, and enforcement of any of the clauses of this <br />Agreement shall be determined and governed by the laws of the State of California. Both <br />pasties further agree that Orange County, Califomia, shall be the venue for any action or <br />proceeding that may be brought or arise out of, in connection with or by reason of this <br />Agreement. <br />Section 8.11 Survival <br />Teizns and conditions of this Agreement which by their sense and context survive the <br />termination or expiration of this Agreement, shall so survive. <br />Section 8.12 Conflict of Interest <br />Lessee covenants that it presently has no interest and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of this Agreement. <br />Section 8.13 Attorney Fees <br />Tn the event suit is brought by either party to enforce the terms and provisions of this <br />Agreement or to secure the performance hereof, each party shall bear its own attorney <br />fees. <br />Section 8.14 Exclusivity and Amendment <br />This Agreement constitutes the entire agreement and understanding between Agency and <br />Lessee respecting the Property and correctly sets forth the obligations of Agency and <br />Lessee to each other as of such date. Any agreements or representations respecting the <br />Property or their licensing between the parties not expressly set forth in this instrument <br />are null and void. This Agreement or any part of it may not be changed, altered, <br />modified, limited or extended orally or by any Agreement between the parties, unless <br />such Agreement is expressed in writing, signed and acknowledged by Agency and <br />Lessee, or their successors in interest. <br />Section 8.15 Captions <br />Captions used in this Agreement are for ease of reference only and shall not affect the <br />construction or interpretation of this Agreement. <br />10