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any breach of this contract or agreement may be extremely difficult to determine, it is <br /> agreed by the parties hereto that an action for damages is an inadequate remedy for <br /> any breach, and that specific performance, without precluding any other remedy <br /> available in equity or law, will be necessary to furnish either party hereto with an <br /> adequate remedy for the breach thereof. <br /> 38. Severance <br /> If a court or other tribunal of competent jurisdiction holds that any provisions of this <br /> Agreement are invalid, illegal or unenforceable, those provisions will be limited or <br /> eliminated to the minimum extent necessary so that this Agreement will otherwise <br /> remain in full force and effect. <br /> 39. Assignment <br /> This contract is not for the benefit of any person, corporation or other entity, other than <br /> the parties hereto, and no person, corporation or other entity except the parties hereto, <br /> shall have any rights or interest in or under this contract unless otherwise specifically <br /> provided herein. Except as otherwise provided in this Agreement, Contractor shall not <br /> assign or transfer any rights or privileges under this contract, either in whole or in part, <br /> without the prior written consent of Zone 7, which consent shall not be unreasonably <br /> withheld, or make any transfer of all or any part of its water system, or allow the use <br /> thereof, in any manner whereby any provisions of this contract will not continue to be <br /> binding on it, its assignee or transferee, or such user of the system. This contract and <br /> the rights and responsibilities provided for herein shall be binding on the successors and <br /> assigns of the parties hereto. <br /> 40. Venue <br /> The laws of the State of California shall govern the interpretation and enforcement of <br /> this Agreement, and venue shall be the Alameda County Superior Court. <br /> 41. Contract Modification <br /> This contract may be amended or modified any time only by mutual written agreement <br /> of the parties. <br /> 42. No Guarantee of Water Supply <br /> While Zone 7 will use its best efforts to meet Contractor demand, consistent with the <br /> requirements of Sections 6 and 7 of this Agreement, neither Zone 7 nor any of its <br /> officers, agents, or employees shall be liable to Contractor for damages, breach of <br /> contract claim, or otherwise associated with the failure, suspension, diminution, or <br /> other variations of service occasioned by any cause beyond the control of or without <br /> the negligence or willful misconduct of Zone 7. Such causes may include, but are not <br /> 16 <br />