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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />6.04 Severability. If any term, provision, covenant or condition of this Agreement is held to be <br />invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, <br />the remainder of this Agreement shall not be affected thereby, and each term, provision, <br />covenant or condition of this Agreement shall be valid and enforceable to the fullest extent <br />permitted by law. <br />6.05 Headings and Subtitles. Headings and subtitles of this Agreement have been used for <br />convenience only and do not constitute matter to be considered as interpreting this Agreement. <br />6.06 Attorneys Fees. In the event of any dispute hereunder or any proceeding to enforce the <br />provisions hereof, the prevailing Party in such dispute or proceeding shall be entitled to recover, <br />among other things, all costs, reasonable attorney's fees and reasonable disbursements, <br />regardless of whether such dispute or proceedings are handled by attorneys or employees of <br />such Party or outside counsel. "Prevailing Party in dispute or proceeding" shall be the Party <br />who obtains substantially all the relief sought by such Party in such action or proceedings, <br />regardless of whether final court judgment is entered. <br />6.07 No Waiver on Default. No waiver of any right or failure to exercise any remedy with <br />respect to any matter or event which is the subject of this Agreement shall be or be deemed to <br />be a waiver of such right or remedy with respect to any other matter or event, or to constitute a <br />precedent for purposes of interpretation of this Agreement. <br />6.08 Governing Law. This Agreement shall be governed by and shall be construed in <br />accordance with the laws of the State of California. <br />ARTICLE 7. TERMINATION OF AGREEMENT <br />This Agreement shall commence on the date this Agreement is executed by both Parties <br />and shall constitute the Parties' agreement with respect to the matters addressed herein from <br />that date forward. The term of the Agreement shall continue until: <br />a. The AUTHORITY or a properly designated assignee of AUTHORITY <br />discontinues to utilize SARTC to serve commuter /intercity passengers. <br />b. The sale or transfer of title of the Commuter /Intercity Rail Station; <br />11 of 13 <br />25H -15 <br />