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7. Attornev's Fees. <br /> <br />In the event of a default under this Agreement, defaulting party shall reimburse the non- <br />defaulting party for all costs and expenses reasonably incurred by the non-defaulting <br />party in connection with the default, including, without limitation, attorney's fees. <br />Additionally, in the event a suit or action is filed to enforce this Agreement or with <br />respect to this Agreement, the prevailing party shall be reimbursed by the other party for <br />all costs and expenses incurred in connection with this suit or action, including, without <br />limitation, reasonable attorney's fees. <br /> <br />8. Severability. <br /> <br />If in any judicial proceeding the court shall refuse to enfome all of the provisions of this <br />Agreement, any unenfomeable provision shall be deemed eliminated from the Agreement <br />for the purpose of such proceeding as is necessary to permit the remainder of the <br />Agreement to be enforced in such proceeding. <br /> <br />9. Waiver. <br /> <br />No waiver of any provision of this Agreement shall be deemed or constitute a waiver of <br />any other provision, whether or not similar, nor shall any waiver constitute a continuing <br />waiver. No waiver shall be binding unless executed in writing by the party making the <br />waiver. <br /> <br />10. Governing Law. <br /> <br />This Agreement shall be governed and construed in accordance with the laws of the State <br />of California. <br /> <br />11. Entire A~reement. <br /> <br />This Agreement constitutes the entire agreement between the parties pertaining to its <br />subject matter and it supersedes all prior and contemporaneous agreements or <br />representations, and understandings of the parties. No supplement, modification or <br />amendment of this Agreement shall be binding unless executed in writing by both parties. <br /> <br />12. Time of Essence. <br /> <br />Time is of essence to this Agreement. <br /> <br />13. Indemnification. <br /> <br />City agrees to indemnify, defend, and hold hannless the Alameda County Flood Control <br />and Water Conservation District ("District"), Zone 7, its officers, employees and agents, <br />from all acts, claims, omissions, liabilities and losses by whomever asserted arising out of <br /> <br /> <br />