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Portsmouth City Manager <br />801 Crawford Street, 6th Floor <br />Portsmouth, Virginia 23704 <br />City of Portsmouth, Director of Utilities <br />801 Crawford Street <br />Portsmouth, Virginia 23704 <br />With copies to: <br />Portsmouth City Attorney <br />801 Crawford Street, 6`h Floor <br />Portsmouth, Virginia 23704 <br />16. APPLICABLE LAW AND VENUE: This Agreement is made in and shall be <br />governed by the laws of the Commonwealth of Virginia. In the event of litigation, venue shall be <br />in the Circuit Court of the City of Norfolk, Virginia, provided, however, that Portsmouth <br />reserves the right to move the Court for appointment of a substitute judge from another Circuit. <br />17. SEVERABILITY: If any provisions of this Agreement are held to be <br />unenforceable, this Agreement shall be construed without such provisions. <br />18. WAIVER: The failure by a party to exercise any right hereunder shall not <br />operate as a waiver of such party's right to exercise such right or any other right in the future. <br />19. AMENDMENTS: This Agreement may only be amended by a written <br />document executed by a duly authorized representative of each of the parties. <br />(SIGNATURE PAGES FOLLOW) <br />12 <br />