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<br />17. DESCRIPTIVE HEADINGS <br /> <br />The paragraph headings used herein are descriptive only and for the convenience <br />of identifying the provisions hereof and are not determinative of the meaning or <br />effect of any of the provisions of this Agreement. <br /> <br />18. ATTORNEY'S FEES <br /> <br />In the event legal action is brought to enforce this Agreement or any of its <br />provisions, the prevailing party shall be entitled to reasonable attorney's fees and <br />costs. <br /> <br />19. ARBITRATION <br /> <br />Any dispute between the parties shall be settled by arbitration under the <br />commercial arbitration rules established by the American Arbitration Association in <br />San Francisco, CA, upon the demand of either party. <br /> <br />20. WAIVER OF SUBROGATION <br /> <br />City waives, both for itself and on behalf of its respective insurers, all claims (and <br />related rights of subrogation) against Contractor, its agents, employees and <br />affiliates, which could be coverable under a standard fire and extended coverage <br />insurance policy. <br /> <br />21. ENTIRE AGREEMENT <br /> <br />This Agreement contains the entire Agreement and understanding between City <br />and Contractor and may be amended and changed only in writing executed by City <br />and Contractor. <br /> <br />22. GOVERNING LAW <br /> <br />This Agreement shall be governed by, and construed and enforced in accordance <br />with the laws of the State of California. <br /> <br />23. SURVIVABILITY <br /> <br />All terms and provisions of this Agreement shall be binding upon and inure to the <br />benefit of and be enforceable by City and Contractor and their respective <br />successors in interest. <br /> <br />24. NOT A LEASE <br /> <br />City and Contractor acknowledge that this Agreement does not constitute a lease <br />and Contractor has no responsibility for property taxes or capital equipment and/or <br />capital improvements associated with the Services and has no possessory interest <br />thereto. <br /> <br />Page 5 of 6 <br /> <br />Initials <br /> <br />IT] <br />