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connection with MFN' exercise of its right, title, and interest in, and the construction, installation, maintenance, and operation of, the Facilities and the rendering of Telecommunication Services under this Agreement. 24. Availabilitv of Facilities. MFN shall allow the City to connect with its facilities pursuant to prices, terms and conditions to be negotiated with City at the time such connection is sought. MFN shall use its best effort to also make its facilities available to residents and businesses within the City in accordance with applicable rules and regulations of the California Public Utilities Commission. 25. Attornev's Fees. In the event of litigation between the Parties hereto, the prevailing party shall be entitled to reasonable attorney's fees and costs. 26. Miscellaneous Provisions. (a) MFN's network operations available to the staff employees of any City department staff having jurisdiction over MFN' activities 24 hours a day, 7 days a week, regarding problems or complaints resulting from the Facilities installed pursuant to this Agreement. City may contact by telephone the network control center operator by telephone number (888) 636-2278 ("MFN-ASST") regarding such problems or complaints. (b) This Agreement shall be governed and construed by and in accordance with the laws of the State of California. In the event that suit is brought by a party to this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California, County of San Mateo, or in the United States District Court, Northern District of California, in the County of San Francisco. (c) All exhibits referred to in this Agreement and any addenda, attachments, and schedules which may, from time to time be referred to in any duly executed amendment to this Agreement are by such reference incorporated in this Agreement and shall be deemed a part of Agmt-409 f/sh/shIRedwood FXS:rg 10/05/00 26