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6.1C Page 34 24. Attornevs' Fees. In any legal proceeding to enforce the terms of or restrain a violation of this Resale Agreement, the losing party or parties must pay the attorneys' fees of the winning party or parties in the amount fixed by the court in the proceeding. 25. Amendments. This Resale Agreement may only be amended in writing by an instrument signed by the authorized representative of th~.;9ity or it successor in interest and the then record owner or owners of the Subject Affcl.'rdable Unit. 26. Severabilitv. If any provision of this Res,~lef\~reement shall be held invalid, inoperative or unenforceable as applied in any'p~rticurat~~e, in any jurisdiction or jurisdictions or in all jurisdictions, or in all cas~$?because it cqpfJicts with any other provision or provisions hereof or any Constitutie>.f"..or Statute or rul~~{p:tpublic policy, or for any other reason, such circumstances ~~~!I::not have the effectpf:;Jendering the provisions in question inoperative or unenfor~able in anXi:pther case or:~~jr9umstance, or of rendering any other provision or provisidri$;i.qf3rein,~ntained invalid, inoperative, or unenforceable to any extent whatsoever. The':i~W:lfip!i~S/of anyone or more phrases, sentences, clauses or sections cont~i.ned in this Re~'e Agreement shall not affect the remaining portions of this Resale ~g~eerr-aent or any pa~?,ereof. . .... ~ ; : ';',',.:. - .:. ': ':'::", ,-,;,. . - ',,':.: ":'":.;.\. 29 ,'GoverninaLawJ This Rescm~Agreement shall be governed by the laws of the State of CaUf9rnia. AllY legal action brought under this Resale Agreement must be iDstituted in the SUperior tbu.rt, of the County of San Mateo, State of California, in an apprClpri~te municipal cour in thatpounty or in the Federal District Court in the District of CalifOrnia, in which San Mateo County is located. \ .". . . .... 30.iLe~al Advice::':: Owner represents and warrants the following: Owner has carefully re~9,:this~~~ale Agreement, and in signing this Resale Agreement and/or agreeing to be bO:~flq;PY the same, Owner does so with full knowledge of any rights which Owner may\ha've; Owner has received independent legal advice from legal counsel as to the matters set forth in this Resale Agreement, or has knowingly chosen not to consult legal counsel as to the matters set forth in this Resale Agreement; and, Owner has freely signed this Resale Agreement and/or agreed to be bound by it without any reliance upon any agreement, promise, statement or representation by or on behalf of the City, or its respective agents, employees, or attorneys, except as specifically set forth in this Resale Agreement, and without duress or coercion, whether economic or REDW\0001 \DOC\023-2,DOC 11/24/08 730 HvT 15