Deed - 1066-1072 Marina Blvd - File 1229, 1989, 1996

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as a result of any federal, state, county or local ordinance or entity, including but not limited to any seismic retrofitting which may be required, shall be the sole responsibility of the Purchaser, subject to the Fifty Thousand Dollar ($50,000) set aside for environmental remediation outlined above. IX. ATTORNEYS FEES In the event of a default under this Agreement, defaulting party shall reimburse the non -defaulting party for all costs and expenses reasonably incurred by the non -defaulting party in connection with the default, including, without limitation, attorney's fees. Additionally, in the event a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing party shall be reimbursed by the other party for all costs and expenses incurred in connection with this suit or action, including, without limitation, reasonable attorney's fees at the trial level and on appeal. .1 _; Y1 1 _ The headings used in this Agreement are solely for convenience and reference and are not part of this Agreement, and are not to be considered in construing or interpreting this Agreement. XI. SEVER.ABILITY If in any judicial proceeding the court shall refuse to enforce all of the provisions of this Agreement, any unenforceable provision shall be deemed eliminated from the Agreement for the purpose of such proceeding as is necessary to permit the remainder of the Agreement to be enforced in such a proceeding. XIL WAIVER No waiver of any provision in this Agreement shall be deemed or constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. XIII. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California without reference to the conflict of laws rules thereof. -3-