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% T o <br />W N lL <br />¢'a <br />U <br />m <br />52 U <br />LU r m <br />Ow0m <br />J <br />N> <br />LU <br />O <br />LLS> J <br />O U M <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />of Long Beach Municipal Code Section 2.93 et seq., Contractor Responsibility. <br />24. NOTICES. Any notice or approval required by this Agreement shall <br />be in writing and personally delivered or deposited in the U.S. Postal Service, first class, <br />postage prepaid, addressed to Contractor at the address first stated above, and to City at <br />333 West Ocean Boulevard, Long Beach, California 90802, Attn: City Manager, with a copy <br />to the City Clerk at the same address. Notice of change of address shall be given in the <br />same manner as stated for other notices. Notice shall be deemed given on the date <br />deposited in the mail or on the date personal delivery is made, whichever occurs first. <br />25. COVENANT AGAINST CONTINGENT FEES. Contractor warrants <br />that Contractor has not employed or retained any entity or person to solicit or obtain this <br />Agreement and that Contractor has not paid or agreed to pay any entity or person any fee, <br />commission or other monies based on or from the award of this Agreement. If Contractor <br />breaches this warranty, City shall have the right to terminate this Agreement immediately <br />notwithstanding the provisions of Section 10 or, in its discretion, to deduct from payments <br />due under this Agreement or otherwise recover the full amount of the fee, commission or <br />other monies. <br />26. WAIVER. The acceptance of any services or the payment of any <br />money by City shall not operate as a waiver of any provision of this Agreement or of any <br />right to damages or indemnity stated in this Agreement. The waiver of any breach of this <br />Agreement shall not constitute a waiver of any other or subsequent breach of this <br />Agreement. <br />27. CONTINUATION. Termination or expiration of this Agreement shall <br />not affect rights or liabilities of the parties which accrued pursuant to Sections 7, 10, 11, <br />18, 21 and 28 prior to termination or expiration of this Agreement. <br />28. TAX REPORTING. As required by federal and state law, City is <br />obligated to and will report the payment of compensation to Contractor on Form 1099-Misc. <br />Contractor shall be solely responsible for payment of all federal and state taxes resulting <br />from payments under this Agreement. Contractor shall submit Contractor's Employer <br />14 <br />ARW:bg A16-01543 <br />UApps\CtyLaw32\WPDocs\D014\P029\00646762.docx 25 -1 7 <br />