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<br />(d) Notices, demands and requests which shall be served upon the parties in <br />the manner aforesaid shall be deemed sufficiently served or given for all purposes hereunder five <br />(5) calendar days after the date such notice, demand or request is thus mailed. <br /> <br />18. Paragraph Headings. The headings of paragraphs herein are used for convenience <br />only and shall not affect the meaning or interpretation of the contents hereof. <br /> <br />19. Applicable Law. The laws of the State of California shall govern the <br />interpretation and enforcement hereof, and the conduct of the parties hereunder. <br /> <br />20. Time is of the Essence. Time is expressly declared to be of the essence of this <br />Agreement and of all terms, covenants, agreements, obligations and conditions expressed herein. <br /> <br />21. Severability. Should any part, term, portion or provision of this Agreement be <br />decided by the courts to be illegal or in conflict with any law of the State of California or <br />otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms, <br />portions or provisions shall be deemed severable and shall not be affected thereby, provided such <br />remaining portions or provisions can be construed in substance to continue to constitute the <br />agreement that the parties intended to enter into in the first instance. <br /> <br />22. Status of Agreement. The City and District confirm that as of the execution of <br />this Amendment (i) the Agreement has not been amended, except as set forth in Recital A above, <br />(ii) the Agreement is in full force and effect, (iii) there are no defaults of Keech under the <br />Agreement, and (iv) to the best of the City's knowledge, Keech has complied in good faith with <br />the terms and conditions of the Agreement. <br /> <br />23. Full Force and Effect. The Agreement shall remain in full force and effect, as <br />amended and restated herein. <br /> <br />24. Effective Date. This Amendment shall be effective as of the date of introduction <br />of the ordinance approving same. <br /> <br />[SIGNATURE BLOCKS ON NEXT PAGE] <br /> <br />KP A TTON:mds:RSP.4345\Agreement.DOC <br />F:Atty/ Agr/ AmendGID64.8 <br />071003 <br /> <br />10 <br />