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Attorney's Fees <br />If SITYNN or the CITY must bring an action to interpret or enforce any provision of this <br />Agreement, or arising out of a misrepresentation contained in this Agreement, then the prevailing <br />party shall be entitled to recover its actual attorneys' fees incurred in connection with such <br />action. <br />6. Severability <br />If any provision of this Agreement or application to any party or circumstances shall be <br />determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, <br />the remainder of this Agreement or the application of such provision to such person or <br />circumstances, other than as to which it is so determined invalid or unenforceable, shall not be <br />affected thereby, and each provision shall be valid and shall be enforced to the fullest extent <br />permitted by law. <br />Governing Law and Venue <br />This Agreement shall be construed and enforced in accordance with the laws of the State <br />of California. An action filed pursuant to this Agreement shall be filed in superior court in <br />Orange County, California. <br />Counterparts <br />This Agreement may be executed in counterparts, each of which is deemed to be an <br />original, but such counterparts together shall constitute one in the same instrument. All parties <br />acknowledge receipt of a copy of this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Assumption of Defense and <br />Reservation of Rights Agreement, and when fully executed it shall be effective. <br />ATTEST: <br />'r ' 44q <br />MAR.I ZA <br />Clerk of the Councck <br />EMPLOYEE: <br />Q4SO&SI-i an Individual <br />CITY OF SANTA ANA <br />1 <br />DAVID CAVAZOS <br />City Manager <br />2 -25-1 to <br />