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<br />23. Jurisdiction and Venue. Any action at law or in equity brought by either of the <br />Parties for the purpose of enforcing a right or rights provided for by this Agreement will <br />be tried in a court of competent jurisdiction in the County of San Mateo, State of <br />California, and the Parties waive all provisions of law providing for a change of venue in <br />these proceedings to any other county. <br /> <br />24. Successors and Assiqns. It is mutually understood and agreed that this <br />Agreement will be binding upon the Parties and their respective successors. Neither <br />this Agreement nor any part of it nor any monies due or to become due under it may be <br />assigned by Consultant without the prior consent of City, which will not be unreasonably <br />withheld. <br /> <br />25. Force Majeure. Neither Party shall be liable for failing to perform its <br />obligations hereunder where delayed or hindered by war, riots, embargoes, strikes <br />(other than those by Consultant's employees), acts of its vendors or suppliers, <br />accidents, acts of God, or any other event beyond its reasonable control. <br /> <br />26. Severability. In the event that any portion of this Agreement is held to be <br />unenforceable, the unenforceable portion shall be construed as nearly as possible to <br />reflect the original intent of the Parties and the remainder of the provisions shall remain <br />in full force and effect. <br /> <br />27. Waiver. Either Party's failure to insist upon strict performance of any <br />provision of this Agreement shall not be constructed as a waiver of that or any other of <br />its rights hereunder at any later date or time. <br /> <br />28. Paraqraph Headinqs. Paragraph headings as used herein are for convenience <br />only and will not be deemed to be a part of such paragraphs and will not be construed <br />to change the meaning thereof. <br /> <br />29. Entire Aqreement. This Agreement, together with any other written document <br />explicitly incorporated by reference, embodies the entire Agreement and understanding <br />between the parties relating to the subject matter of it. Neither this Agreement nor any <br />of its provisions may be amended, modified, waived or discharged except in a writing <br />signed by both parties. <br />