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G. LIMITATION OF LIABILITY TO THE EXTENT ALLOWED BY LAW, MTC MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION REGARDING ACCURACY OR AVAILABILITY. TO THE EXTENT ALLOWED BY LAW, IN NO EVENT WILL MTC BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, No MTC agent or employee is authorized to make any modification or addition to this limitation of liability. H.GENERAL This Agreement constitutes the entire agreement of the Parties with respect to matters set forth in this Agreement and supersedes any prior or contemporaneous understanding or agreement, oral or written, with respect to such matters.The headings in this Agreement are included principally for convenience and shall not by themselves affect the construction or interpretation of any provision in this Agreement, nor affect any of the rights or obligations of you or MTC. If any provision of this Agreement is deemed invalid or unenforceable, that provision will be reformed and construed consistently with applicable law as nearly as possible to reflect the original intentions of this Agreement; and in any event, the remaining provisions of this Agreement will remain in full force and effect. This Agreement is governed by the laws of the State of California, without reference to any choice -of -law principles. Any action, proceeding, or complaint filed or instituted by any you or MTC to enforce any provision of this Agreement must be brought exclusively in the state courts in the County of Alameda, California or in the United States District Court for Northern District of California; and you and MTC each consent to personal jurisdiction in California. Should you have any questions concerning this Agreement, you may contact MTC by writing to: Metropolitan Transportation Commission 375 Beale Street, Suite 800 San Francisco, CA 94105 Attn: StreetSaver® Program Manager E-mail: pavementQptc.ca.gov The undersigned Subscriber agrees to the terms and conditions of this Agreement. A signed hard copy of the Agreement, mailed to MTC at the address set forth above, shall constitute a binding contract between MTC and the Subscriber. Print Firm or Agency N City of Santa Ana, CA Approved as to Form _Z 'F hn M. Funk Assistant City Attorney Cynthia J. Kurfz Interim City Manager Attest Maria D. Huizar_ 3 _ Clerk of the Council for Approval Director, Public Works