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<br />620\3185927.4 8 <br />c. nationally recognized overnight courier, in which case notice shall be <br />deemed delivered one (1) day after deposit with such courier; or <br />d. except for a notice of default, email, in which case notice shall be deemed <br />delivered on transmittal, provided that written notice by one of the method provided above is also <br />used. <br />City: [INSERT INFORMATION] <br />Company: [INSERT INFORMATION] <br />18. Entire Agreement; Amendments. This Agreement together with the Site <br />Agreement attached hereto and incorporated herein by reference, and any Site Agreements <br />executed by the Parties, constitutes the entire agreement of the Parties with respect to the subject <br />matter hereof, and supersedes all prior written or oral agreements, understandings, representations <br />or statement with respect thereto. This Agreement and any Site Agreement may be amended only <br />by a written instrument executed by the Parties hereto. <br />19. Severability. If any term, provision, or condition of this Agreement or an executed <br />Site Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the <br />remainder of this Agreement or any executed Site Agreement shall continue in full force and effect <br />unless the rights and obligations of the Parties have been materially altered or abridged thereby. <br />20. Waiver. A waiver by either Party of the performance of any covenant or condition <br />herein shall not invalidate this Agreement or any Site Agreement nor shall the delay or forbearance <br />by either Party in exercising any remedy or right be considered a waiver of, or an estoppel against, <br />the later exercise of such remedy or right. <br />21. Captions; Interpretation. The section headings used herein are solely for <br />convenience and shall not be used to interpret this Agreement. The provisions of this Agreement <br />shall be construed as a whole according to their common meaning, and not strictly for or against <br />any party, in order to achieve the objectives and purposes of the Parties. <br />22. Attorney’s Fees. In any action at law or in equity, arbitration or other proceeding <br />arising in connection with this Agreement or any executed Site Agreement, the prevailing party <br />shall recover reasonable attorney’s fees and other costs, including but not limited to court costs <br />and expert and consultants’ fees incurred in connection with such action, in addition to any other <br />relief awarded. <br />23. Counterparts. This Agreement and any Site Agreement may be executed in <br />multiple counterparts, each of which shall be an original and all of which together shall constitute <br />one agreement. <br />24. Governing Law and Venue. This Agreement and any executed Site Agreement, <br />and the rights and obligations of the Parties, shall be governed by and interpreted in accordance <br />with the laws of the State of California without regard to principles of conflicts of law. Any action <br />to enforce or interpret this Agreement or any executed Site Agreement shall be filed in the Superior <br />307