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agree that in the event that any provision of this Agreement is held by a <br /> court of competent jurisdiction to be invalid,void, or unenforceable,the <br /> remainder of the provisions hereof shall remain in full force and effect and <br /> shall in no way be affected, impaired, or invalidated thereby. PACE Provider <br /> and ABAG acknowledge that they have each contributed to the making of <br /> this Agreement and that, in the event of a dispute over the interpretation of <br /> this Agreement,the language of the Agreement will not be construed against <br /> one party in favor of the other. Each party hereto acknowledges that they <br /> have each had an adequate opportunity to consult with counsel in the <br /> negotiation and preparation of this Agreement. <br /> 13.3 Consent. Wherever in this Agreement the consent or approval of one party <br /> is required to an act of the other party, such consent or approval shall not <br /> be unreasonably withheld or delayed. <br /> 13.4 No Third Party Beneficiaries. Nothing contained in this Agreement shall be <br /> construed to create and the parties do not intend to create any rights in <br /> third parties. <br /> 13.5 Applicable Law and Forum. This Agreement shall be construed and <br /> interpreted according to the substantive law of California, regardless of the <br /> law of conflicts to the contrary in any jurisdiction. Any action to enforce the <br /> terms of this Agreement or for the breach thereof shall be brought and tried <br /> in the County of Alameda. <br /> 13.6 Captions. The captions in this Agreement are solely for convenience of <br /> reference. They are not a part of this Agreement and shall have no effect on <br /> its construction or interpretation. <br /> 13.7 Merger. This writing is intended both as the final expression of the <br /> Agreement between the parties hereto with respect to the included terms <br /> and as a complete and exclusive statement of the terms of the Agreement, <br /> pursuant to Code of Civil Procedure Section 1856. No modification of this <br /> Agreement shall be effective unless and until such modification is evidenced <br /> by a writing signed by both parties. <br /> 13.8 Survival of Terms. All express representations, waivers, indemnifications, <br /> and limitations of liability included in this Agreement will survive its <br /> completion or termination for any reason. <br /> Regional Collaborative Services Agreement for PACE Financing—ABAG and [PACE Provider] Page 13 of 15 <br />