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issued by the transmitting facsimile machine, addressed as set forth above. For purposes of <br />calculating these time frames, weekends, federal, state, County or City holidays shall be <br />excluded, <br />12. ENTITLE AGREEMENT <br />This Agreement represents the entire agreement between the Parties regarding the subject <br />matter Herein, and supersedes all prior negotiations, representations, and contracts, written or <br />oral. This Agreement may only be amended by an instrument, in writing, signed by the <br />Parties. This Agreement may be executed in any number of counterparts, each of which shall <br />be an original, but all of which together shall constitute one and the same instrument. <br />13. WAIVER <br />The waiver of either party of any breach or violation of any covenant, term, condition, or <br />provision of this Agreement shall not be deemed to be a waiver of any such covenant, term, <br />condition, or provision. <br />14. SEVERABILITY <br />In the event that one or more of the phrases, sentences, clauses, paragraphs or sections <br />contained in this Agreement shall be declared invalid or unenforceable by valid judgment or <br />decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect <br />any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, <br />which shall be interpreted to carry out the intent of the parties hereunder. <br />15. GOVERNING LAW AND VENUE <br />This Agreement has been executed and delivered in the State of California and the validity, <br />interpretation, performance, and enforcement of any of the clauses of this Agreement shall be <br />determined and governed by the laws of the State of California. Both parties further agree <br />that Orange County, California, shall be the venue for any action or proceeding that may be <br />brought or arise out of, in connection with or by reason of this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year <br />first above written. <br />ATTEST: C' NTA A A <br />Maria D. Huizar David Cavazos <br />Clerk of Council City Manager <br />-- signatures continue on following page -- <br />Page 7 of 8 <br />