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If to Host: If to Owner: <br /> Terence Kyaw, Assistant Public Green Charge Networks <br /> Works Director Attn: Legal Department <br /> 1400 Broadway 309 Laurelwood Road <br /> Redwood City, CA 94063 Suite 24 <br /> (650) 780-7464 Santa Clara, CA 95054 <br /> Fax: <br /> 18. MISCELLANEOUS. <br /> 18.1 Inte�ration; Exhibits. This Agreement, together with any Exhibits and Schedules <br /> attached hereto, constitutes the entire agreement and understanding between Owner and Host <br /> with respect to the subject matter hereof and supersedes all prior agreements relating to the <br /> subject matter hereof,which are of no further force or effect. <br /> 18.2 Cumulative Remedies. Except as set forth to the contrary herein, any right or <br /> remedy of Owner or Host shall be cumulative and without prejudice to any other right or remedy, <br /> whether contained herein or not. <br /> 18.3 Limited Effect of Waiver. The failure of Owner or Host to enforce any of the <br /> provisions of this Agreement, or the waiver thereof, shall not be construed as a general waiver or <br /> relinquishment on its part of any such provision, in any other instance or of any other provision <br /> in any instance. <br /> 18.4 Chan�es and Modifications to the Agreement. Any modification, alteration or <br /> change to this Agreement shall be made only by written amendments executed by the Parties. <br /> 18.5 Governin� Law Provision: The validity of the Agreement and any of its terms or <br /> provisions, as well as the rights and duties of the parties to this Agreement, shall be governed by, <br /> and construed in accordance with, the laws of the State of California, without giving effect to <br /> conflict of laws principles. Each Party irrevocably agrees that any legal action, suit or <br /> proceeding brought by it that in any way arises out of the Agreement ("Proceeding") must be <br /> litigated exclusively in the State of California <br /> 18.6 Severabilitv. If any term, covenant or condition in this Agreement shall, to any <br /> extent, be invalid or unenforceable in any respect under Applicable Law, the remainder of this <br /> Agreement shall not be affected thereby, and each term, covenant or condition of this Agreement <br /> shall be valid and enforceable to the fullest extent permitted by applicable law and, if <br /> appropriate, such invalid or unenforceable provision shall be modified or replaced to give effect <br /> to the underlying intent of the Parties and to the intended economic benefits of the Parties. <br /> 18.7 Successors and Assigns. This Agreement and the rights and obligations under this <br /> Agreement shall be binding upon and shall inure to the benefit of Owner and Host and their <br /> respective permitted successors and assigns. <br /> ATTY/AGR/2014.021/POWER EFFICIENCY CHARGING SITE <br /> REV:02-24-14 MLG <br /> Page 17 of 21 <br />