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�. Z O� 1 <br /> connection with MFN' exercise of its right, title, and interest in, and the construction, instaltation, <br /> maintenance, and operation of, the Facilities and the rendering of Telecommunication Services <br /> under this Agreement. <br /> 24. Availabilitv of Facilities. <br /> MFN shall allow the City to connect with its facilities pursuant to prices, terms and <br /> conditions to be negotiated with City at the tirne such connection is sought. MFN shall use its <br /> best effort to als� make its facilities available to residents and businesses within the City in <br /> accordance with appficable rules and regulations of the California Public Utilities Commission. <br /> 25. Attornev's Fees. In the event of litigation between the Parties hereto, the prevailing <br /> party shall be entitled to reasonable attorney's fees and costs. <br /> 26. Miscellaneous Provisions. <br /> (a) MFN's network operations available to the staff employees of any City department <br /> staff having jurisdiction over MFN' activities 24 hours a day, 7 days a week, regarding problems <br /> or complaints resulting from the Facilities installed pursuant to this Agreement. City may <br /> contact by telephone the network control center operator by telephone number (886) 636-2278 <br /> ("MFN-ASST") regarding such problems or complaints. <br /> (b) This Agreement sha�l be governed and construed by and in accordance with the <br /> taws of the State of California. In the event that suit is brought by a party to this Agreement, the <br /> parties agree that trial of such action shall be vested exclusively in the state courts of Califomia, <br /> County of San Mateo, or in the United States District Court, Northern District of California, irr the <br /> County of San Francisco. <br /> (c) All exhibits referred to in this Agreement and any addenda, attachments, and <br /> schedules which may, from time to time be referred to in any duly executed amendment to this <br /> Agreement are by such reference incorporated in this Agreement and shall be deemed a part of <br /> Aemt-409 <br /> &sh/sh/Redwood <br /> FXS:r� <br /> ] 0/OS/00 <br /> 26 <br /> __.. __.__. __ <br /> __ _.._�� __._.. __ _. <br /> _- <br />