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11. ARBITRATION <br />Any controversy or claim arising out of or pertaining to this Agreement, or breach thereof, <br />shall be settled by arbitration in accordance with the rules of the American Arbitration <br />Association, and judgment upon the award rendered by the arbitrator(s) may be enforced <br />as provided by California law. <br />12. ENTIRE AGREEMENT <br />This Agreement is the final expression of the complete agreement of the parties with <br />respect to the matters specified herein and supersedes all prior oral or written <br />understandings. Except as prescribed herein this Agreement cannot be modified except <br />by written mutual agreement signed by the parties. <br />13. ASSIGNMENT <br />This Agreement is not assignable by either City or Employee. <br />14. SEVERABILITY <br />In the event that any provision of this Agreement is finally held or determined to be illegal <br />or void by a court having jurisdiction over the parties, the remainder of the Agreement shall <br />remain in full force and effect unless the parts found to be void are wholly inseparable from <br />the remaining portion of the Agreement. <br />15. COUNTERPARTS <br />This Agreement shall be executed simultaneously in three counterparts, which shall be <br />identified by number, and each of which shall be deemed an original, but all of which <br />together shall constitute one and the same instrument. <br />1116262-1 <br />