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fringe benefits, pension, workers' compensation, sick leave, insurance or any other benefit or right connected with employment with CITY. 14.13 Headings. The Article, Section and Subsection headings contained in this Agreement are for convenience and reference only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement. 1414 Survival of Covenants. Any covenant,term or provision of this Agreement, which in order to be effective must survive the termination of this Agreement, shall survive any such termination. 14.15 Applicable Law. This Agreement shall be construed and interpreted in accordance with,and shall be governed by, the laws of the State of California. The parties agree that the Superior Court of the State of California, County of Alameda shall have jurisdiction of any litigation between the parties relating to this Agreement. 14.16 No Presumption Regarding Drafter. The language of each and all paragraphs, terms and/or provisions of this Agreement, shall, in all cases and for any and all purposes, and in any way and all circumstances whatsoever, be construed as a whole, according to its fair meaning. CITY and LIFETIME TENNIS acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between CITY and LIFETIME TENNIS,and that this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem either CITY or LIFETIME TENNIS to be the drafter of this Agreement, and therefore no presumption for or against the drafter shall be applicable in interpreting or enforcing this Agreement. 14.17 Counterparts. This Agreement and any amendment may be executed in counterparts, and upon all counterparts being so executed each such counterpart shall be considered as an original of this Agreement or any amendment and all counterparts shall be considered together as one agreement. 14.18 Authority. The parties represent for themselves that(a) such party is duly organized and validly existing, (b)the person or persons executing this Agreement on behalf of such party is/are duly authorized to execute and deliver this Agreement on behalf of such party, (c)by so executing this Agreement, such party is formally bound to the terms and provisions of this Agreement, and(d)the execution of this Agreement does not violate any provision of any other agreement to which such party is bound. 14.19 Conflict of Interest. LIFETIME TENNIS shall avoid all conflict of interest or the appearance of conflict of interest in performance of this Agreement. The parties hereto hereby covenant that during the term of this Agreement they will not employ any person to administer any portion of this Agreement that has an interest,direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. 25