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19. Applicable Law and Venue. This Agreement and all rights and remedies of the parties <br /> hereto shall be construed and enforced in accordance with the laws of the State of <br /> California. In the event that suit shall be brought by either party to this Agreement, the <br /> parties agree that venue shall be exclusively vested in the State courts of the County of San <br /> Mateo. <br /> 20. Waiver of Default: Cumulative Remedies.No waiver of any default by any party to this <br /> Agreement shall be implied from any omission by any other party to take any action in <br /> respect of such default if such default continues or is repeated. No express waiver of any <br /> default shall affect any default or cover any period of time other than the default and period <br /> of time specified in such express waiver. One or more waivers of any default in the <br /> performance of any term, provision or covenant contained in this Agreement shall not be <br /> deemed to be a waiver of any subsequent default in the performance of the same term, <br /> provision or covenant or any other term, provision or covenant contained in this <br /> Agreement. The consent or approval by any party to or of any act or request by any other <br /> party requiring consent or approval shall not be deemed to waive or render unnecessary the <br /> consent to or approval of any subsequent similar acts or requests. The rights and remedies <br /> given to any party by this Agreement shall be deemed to be cumulative and no such rights <br /> and remedies shall be exclusive of any of the others, or of any other right or remedy at law <br /> or in equity which any such party might otherwise have by virtue of a default under this <br /> Agreement,and the exercise of one such right or remedy by any such party shall not impair <br /> such party's standing to exercise any other right or remedy. <br /> 21. Counternarts. This Agreement may be executed in any number of counterparts, each of <br /> which shall be deemed an original, and when taken together they shall constitute one and <br /> the same Agreement. Signatures may be made by telecopy provided the original is <br /> promptly mailed to the other party. <br /> 22. Recitals. The recitals above are incorporated by reference as though fully set forth in the <br /> Agreement. <br /> LICENSEE REPRESENTS AND WARRANTS TO CITY THAT IT HAS READ AND <br /> UNDERSTANDS THE CONTENTS OF THIS LICENSE, HAS HAD AN OPPORTUNITY TO <br /> REVIEW AND DISCUSS IT WITH COUNSEL OF ITS CHOOSING, AND AGREES TO <br /> COMPLY WITH AND BE BOUND BY ALL OF ITS PROVISIONS. <br /> [Signatures on following page] <br /> ATTY/AGR/2013.242/CD-DEWATERING LICENSE AGREEMENT <br /> REV:12-10-13 VR Page 10 of 12 <br />