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I 11.F.c I <br /> 6 INSTITUTION OF LEGAL ACTIONS; GOVERNING LAW. Any legal actions c <br /> instituted pursuant to this Agreement must be filed in the county of Yavapai, State of Arizona. <br /> The laws of the State of Arizona will govern the interpretation and enforcement of this <br /> Agreement. a) <br /> a <br /> 7 ACCEPTANCE OF LEGAL PROCESS. If any legal action is commenced by Owner <br /> against the City, service of process on the City will be made by personal service upon the City c <br /> Clerk of the City of Prescott,or in such other manner as may be provided by law. If any legal <br /> action is commenced by the City against Owner, service of process will be made by personal o <br /> service or in such other manner as may be provided by law,whether made within or without <br /> the State of Arizona. y <br /> 8 RIGHTS AND REMEDIES ARE CUMULATIVE. Except as otherwise expressly stated Y <br /> in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by ti <br /> any party of one or more of such rights or remedies will not preclude the exercise by it, at the N <br /> same time or different times, of any other rights or remedies for the same default or any other. <br /> up <br /> default by such defaulting party. N <br /> 9 CONFLICT OF INTERESTS. No member, official or employee of the City may have any N <br /> direct or indirect interest in this Agreement, nor participate in any decision relating to the z° <br /> Agreement that is prohibited by law. All parties hereto acknowledge that this Agreement is <br /> subject to cancellation pursuant to the provisions of A.R.S. §38-511. w <br /> c <br /> 10 WARRANTY AGAINST PAYMENT. Owner warrants that it has not paid or given, and - v <br /> will not payor give, anythirdperson anymoneyor other consideration.for obtainingthis <br /> Agreement, other than normal costs of conducting business and costs of professional services <br /> such as architects, consultants, engineers and attorneys and any licensed real estate broker <br /> retained by Owner. <br /> 11 NO LIABILITY OF OFFICIALS, PARTNERS AND EMPLOYEES. No member, '3 <br /> official or employee of the City will be personally liable to Owner, or any successor in d <br /> interest, in the event of any default or breach by the City or for any amount which may d <br /> become due to Owner or successor, or on any obligation under the terms of this Agreement. <br /> a <br /> 12 NO WAIVER. Except as•otherwise expressly provided in this Agreement, any failure or d <br /> delay by any party in asserting any of its rights or remedies as to any default,will not operate as Q. <br /> a waiver of any default,or of any such rights or remedies,or deprive any such party of its right 2 <br /> to institute and maintain any actions or proceedings which it may deem necessary to protect, d <br /> assert or enforce any such rights or remedies. Nothing herein shall constitute a waiver of the c <br /> City's police powers or amount to an unlawful delegation of governmental authority by the <br /> City. <br /> - r <br /> 13 SEVERABILITY. If any provision of this Agreement shall be found invalid or <br /> unenforceable by a court of competent jurisdiction, the remaining provisions of this �. <br /> Agreement will not be affected thereby and shall be valid and enforceable to the fullest extent c <br /> 5 <br /> I Packet Pg.200 <br />