COSTA MESA, CITY OF (5) - Laserfiche WebLink

Home Browse Search

of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding the provisions of Code of Civil Procedure Section 394. The Parties agree to waive any and all rights to request that an action be transferred for trial to another County. b. NOTICES - Any notice or other written instrument required or permitted by this Agreement to be given to any Party shall be deemed received when personally served or transmitted by facsimile, or forty-eight (48) hours after being deposited in the U.S. Mail, postage prepaid, First Class or certified, and addressed as follows: City of Santa Ana City of Costa Mesa Tyrone Chesanek Baltazar Mejia Principal Civil Engineer Acting City Engineer 20 Civic Center Plaza, M-22 P.O. Box 1988 Santa Ana, CA 92702 Public Services 77 Fair Drive, 4th Floor Costa Mesa, CA. 92626 c. ATTORNEYS' FEES - In the event suit is brought by any Party to enforce the terms and provisions of this Agreement, or to secure the performance hereof, each Party shall bear its own attorneys' fees. FORCE MAJEURE - Except for the payment of money, no Party shall be liable for any delays or other non-performance resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, Acts of God, strike or labor dispute, war or other violence, acts of third parties not within either Party's reasonable control or any law, order or requirement of any governmental agency or authority. d. WAIVER - A waiver of a breach of the covenants, conditions or obligations under this Agreement by either Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or obligations of this Agreement. e. MODIFICATION — Any alterations, changes or modifications to this Agreement shall be in the form of a written amendment, which shall be signed by each Party. f. ASSIGNMENT - No Party shall assign its performance of this Agreement, nor any part thereof, without the prior written consent of the non -assigning Party. Any assignment made in violation of this section shall be null and void. g. INDEMNIFICATION BY SANTA ANA: SANTA ANA shall indemnify, defend and hold COSTA MESA, its officers, agents and employees, harmless from any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen as a result of any acts performed by SANTA ANA, its officers, agents, or employees, with respect to the Project, save and except to the extent such expense, liability or claim is proximately Page 4 of 12