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REV: 09-30-22 SK <br />11.8 Severability. If any one or more of the provisions of this Agreement shall be held by <br />a court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such <br />provision(s) shall be deemed separable from the remaining provisions of this Agreement and shall in <br />no way affect the validity of the remaining portions of this Agreement. <br />11.9 Survival. All of the provisions, conditions and requirements of this Agreement shall <br />be in addition to any and all other obligations and liabilities Company may have to the City at <br />common law, by statute, or by contract, and shall survive the City’s Agreement to Company and any <br />renewals or extensions thereof. All of the provisions, conditions, regulations, and requirements <br />contained in this Agreement shall further be binding upon the heirs, successors, executors, <br />administrators, legal representatives and assigns of the parties and all privileges, as well as all <br />obligations and liabilities of each Party shall inure to its heirs, successors and assigns equally as if <br />they were specifically mentioned wherever such Party is named herein. <br />11.10 Governing Law and Venue. This Agreement shall be subject to, and governed and <br />construed by and in accordance with, the laws of the State of California. In the event that suit is <br />brought by a party to this Agreement, the parties agree that trial of such action shall be vested <br />exclusively in the state courts of California in San Mateo County, or in the United States District <br />Court, Northern District of California. <br />11.11 Successors. This Agreement is binding upon the successors, assigns and transferees <br />of the parties hereto. <br />11.12 Electronic Signatures. If all Parties agree, electronic signatures may be used in place <br />of original signatures on this Agreement. Each Party intends to be bound by the signatures on the <br />electronic document, is aware that the other Parties will rely on the electronic signatures, and hereby <br />waives any defenses to the enforcement of the terms of this Agreement based on the use of an <br />electronic signature. After all Parties agree to the use of electronic signatures, all Parties must sign <br />the document electronically. <br />[Signature Page Follows] <br />ATTY/AGR.2022.364/Bandwidth IG, LLC (New Fiber Install) (Page 14 of 20)