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VII. GENERAL PROVISIONS <br />A. Notices <br />When notices are required to be given pursuant to this MOU, the notices shall be in writing and <br />mailed to the following respective address listed below. <br />Contractor: City of Colton, Sierra Vista State Preschool/(SVSP) <br />660 Colton Avenue <br />Colton, CA <br />Commission: First 5 San Bernardino <br />330 North D Street, Fifth Floor <br />San Bernardino, CA 92415-0442 <br />B. Nothing contained in this MOU shall be construed as creating a joint venture, partnership or <br />employment arrangement between the parties hereto, nor shall either parry have the right, <br />power or authority to create an obligation or duty, expressed or implied, on behalf of the party <br />hereto. <br />C. No waiver of any of the provisions of the MOU shall be effective unless it is made in a writing <br />which refers to provisions so waived and which is executed by the parties in an amendment to <br />this MOU. <br />D. If any provision of the MOU is held by a court of competent jurisdiction to be unenforceable or <br />contrary to law, it shall be modified where practicable to the extent necessary so as to be <br />enforceable, giving effect to the intention of the parties, and the remaining provisions of the <br />MOU shall not be affected. <br />F. This MOU shall be governed by and construed in all aspects in accordance with the laws of the <br />State of California without regard to principles of conflicts of laws. The parties agree to the <br />exclusive jurisdiction of the federal and state courts located in the County of San Bernardino, <br />for any and all disputes arising under this MOU, to the exclusion of all other federal and state <br />courts. <br />G. The Partner Agencies understand and agree that any and all legal fees or costs associated with <br />lawsuits against any of the other parties concerning this MOU shall be that party's Sole expense <br />and shall not be charged as a cost under this MOU. In the event of any MOU dispute hereunder, <br />each party to this MOU shall bear its own attorneys' fees and costs regardless of who prevails in the <br />outcome of the dispute. <br />VIII. CONCLUSION <br />A. This MOU, consisting of six (6) pages is the full and complete document describing services to be <br />rendered by the Partner Agencies, including all covenants, conditions, and benefits. <br />B. The signatures of the parties affixed to this MOU affirm that they are duly authorized to commit and <br />bind their respective institutions to the terms and conditions set forth in this document. <br />