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14.13 Headings. The Article, Section and Subsection headings contained in this Agreement <br />are for convenience and reference only and are not intended to define, limit or describe the <br />scope or intent of any provision of this Agreement. <br /> <br />14.14 Survival of Covenants. Any covenant, term or provision of this Agreement, which in <br />order to be effective must survive the termination of this Agreement, shall survive any such <br />termination. <br /> <br />14.15 Applicable Law. This Agreement shall be construed and interpreted in accordance <br />with, and shall be governed by, the laws of the State of Califoruia. The parties agree that the <br />Superior Court of the State of California, County of Alameda shall have jurisdiction of any <br />litigation between the parties relating to this Agreement. <br /> <br />14.16 No Presumption Regarding Drafter. The language of each and all paragraphs, terms <br />and/or provisions of this Agreement, shall, in all cases and for any and all purposes, and in any <br />way and all circumstances whatsoever, be construed as a whole, according to its fair meaning. <br />CITY and LIFETIME TENNIS acknowledge and agree that the terms and provisions of this <br />Agreement have been negotiated and discussed between CITY and LIFETIME TENNIS, and <br />that this Agreement reflects their mutual agreement regarding the subject matter of this <br />Agreement. Because of the nature of such negotiations and discussions, it would be <br />inappropriate to deem either CITY or LIFETIME TENNIS to be the drafter of this Agreement, <br />and therefore no presumption for or against the drafter shall be applicable in interpreting or <br />enforcing this Agreement. <br /> <br />14.17 Counterparts. This Agreement and any amendment may be executed in counterparts, <br />and upon all counterparts being so executed each such counterpart shall be considered as an <br />original of this Agreement or any amendment and all counterparts shall be considered together <br />as one agreement. <br /> <br />14.18 Authori~.. The parties represent for themselves that (a) such party is duly organized <br />and validly existing, (b) the person or persons executing this Agreement on behalf of such party <br />is/are duly authorized to execute and deliver this Agreement on behalf of such party, (c) by so <br />executing this Agreement, such party is formally bound to the terms and provisions of this <br />Agreement, and (d) the execution of this Agreement does not violate any provision of any other <br />agreement to which such party is bound. <br /> <br />14.19 Conflict of Interest. LIFETIME TENNIS shall avoid all conflict of interest or the <br />appearance of conflict of interest in performance of this Agreement. The parties hereto hereby <br />covenant that during the term of this Agreement they will not employ any person to administer <br />any portion of this Agreement that has an interest, direct or indirect, which would conflict in <br />any manner or degree with the performance of services required under this Agreement. <br /> <br /> 25 <br /> <br /> <br />