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automatically to the extent that Winko-Matic is prevented from <br />meeting them by causes beyond its reasonable control. <br /> <br /> C. If any provision of this Agreement is invalid under <br />any applicable statute or rule of law it is to that extent to be <br />deemed omitted. <br /> <br /> D. The waiver or failure of Winko-Matic or City to <br />exercise in any respect any right provided for herein shall not <br />be deemed a waiver of any further right hereunder. <br /> <br /> E. This Agreement shall, at all times, be governed by <br />and be construed in accordance with the Laws of the State of <br />California. Any litigation regarding this Agreement shall take <br />place in Alameda County, California. <br /> <br />WINKO-MATIC SIGNAL COMPANY/ CITY OF PLEASANTON <br /> ~LTISONICS <br /> <br />By By. <br /> t Kenneth R. Mercer, Mayor <br /> <br /> ATTEST: <br /> <br /> James R. Walker, City Clerk <br /> APPROVED AS TO FORM: <br /> <br /> Peter D. MacDonald <br /> City Attorney <br /> <br /> - 5 - <br /> <br /> <br />