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<br />5. /F-~6 <br /> <br />the parties for the purpose of enforcing a right or rights provided for by this Agreement <br /> <br />will be tried in a court of competent jurisdiction in the County of San Mateo, State of <br /> <br />California, and the Parties waive all provisions of law providing for a change of venue in <br /> <br />these proceedings to any other county. <br /> <br />26. Successors and Assil?:ns. It is mutually understood and agreed that this <br /> <br />Agreement will be binding upon City and Contractor and their respective successors. <br /> <br />Neither this Agreement nor any part of it nor any monies due or to become due under it <br /> <br />may be assigned by Contractor without the prior consent of City, which shall not be <br /> <br />unreasonably withheld. <br /> <br />27. Authoritv. The individuals executing this Agreement and the instruments <br /> <br />referenced in it on behalf of Contractor each represent and warrant that they have the <br /> <br />legal power, right and actual authority to bind Contractor to the terms and conditions of <br /> <br />this Agreement. <br /> <br />28. <br /> <br />Entire Al?:reement. <br /> <br />This Agreement, together with any other written <br /> <br />document referred to or contemplated by it, embody the entire Agreement and <br /> <br />understanding between the Parties relating to the subject matter of it. Neither this <br /> <br />Agreement nor any of its provisions may be amended, modified, waived or discharged <br /> <br />except in a writing signed by both Parties. <br /> <br />29. Paral?:raph Headinl?:s. Paragraph headings and sub-Paragraph headings as <br /> <br />used herein are for convienence only and will not be deemed to alter or modify the <br /> <br />provisions of the paragraphs or sub-Paragraphs headed thereby. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the <br /> <br />day and year first hereinabove written. <br /> <br />8/30/05 km <br /> <br />12 <br />