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6. 1. B. - Page 35 b. Paragraph Headings Paragraph headings as used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning hereof. C. Governing Law This Agreement shall be construed and governed in accordance with the laws of the State of California. Venue shall be the County of San Mateo. d. Counterparts This Agreement may be executed in any number of counterparts which together shall constitute the contract of the Parties. e. Exhibits Any and all exhibits and schedules attached or to be attached hereto are hereby incorporated and made a part of the Agreement by reference. f. SeverabilL If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect. g. Authority Each person executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder. h. No A e�ncy Relationship Neither the Developer nor any of the Developer's agents, contractors or subcontractors are or shall be considered to be agents of City in connection with the performance of any of the Developer's obligations under this Agreement. i. Attorneys' Fees and Costs Either party may bring a lawsuit to enforce or require performance of the terms of this Agreement, and the prevailing party in such suit or proceeding shall be entitled to recover from the other party's reasonable costs and expenses, including attorneys' fees. ATTY /AGR/2012.026/ LANDSCAPE MAINTENANCE AGREEMENT- 333 MAIN STREET REV:03 -08 -12 VR Page 6 of 9