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Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 135, et seq.), as amended, the
<br />Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et
<br />seq.), as amended, and the Toxic Substance Control Act (15 U.S.C. 2601, et seq.), as amended.
<br />As used in this Section, "release" includes the placing, releasing, depositing, spilling,
<br />leaking, pumping, emitting, emptying, discharging, injecting, escaping, leaching, disposing or
<br />dumping of any substance.
<br />Section 12. General provisions.
<br />(a) Authority. The Authority warrants and represents that it has obtained, or, prior to
<br />construction, will obtain, all necessary and appropriate authority and approval from all applicable
<br />federal and State agencies or authorities for constructing and operating communications facilities
<br />within the City's public streets and public rights -of -way, and upon request by the City will provide
<br />evidence of such authority.
<br />(b) Other remedies. Nothing in this Agreement shall be construed as waiving or limiting
<br />any rights or remedies that the City or Authority may have, at law or in equity, for enforcement of
<br />this Agreement.
<br />(c) Severability. If any section, subsection, sentence, clause, phrase, or other portion of this
<br />Agreement, or its application to any person, is, for any reason, declared invalid, in whole or in part
<br />by any court or agency of competent jurisdiction, said decision shall not affect the validity of the
<br />remaining portions hereof.
<br />(d) Nonenforcement. Neither party shall be excused from complying with any of the
<br />provisions of this Agreement by any failure of the other party, upon any one or more occasions, to
<br />insist upon strict performance of this Agreement or to seek the other party's compliance with any
<br />one or more of such terms or conditions of this Agreement.
<br />(e) Conflicts of law. If there is a conflict between the provisions of this Agreement and any
<br />law, whether federal, state, or City, including all future laws and ordinances, the law and
<br />conflicting provision hereof will, to the extent reasonably possible, be construed so as to be
<br />consistent with each other and if such construction is not reasonably possible, the conflicting
<br />provision of this Agreement shall be deemed superseded by such law and have no effect, provided
<br />such law or ordinance is consistent with Section 4 of this Agreement..
<br />(f) Controlling law and venue. By virtue of entering into this Agreement, the Authority
<br />agrees and submits itself to a court of competent jurisdiction in the City of Portsmouth, Virginia
<br />or in the United States District Court for the Eastern District of Virginia, Norfolk Division, and
<br />both parties agree that this Agreement is controlled by and shall be construed in accordance with
<br />the laws of the Commonwealth of Virginia or any applicable federal laws and that all claims,
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