Laserfiche WebLink
such work product shall be the property of the City unless prohibited by law, and <br />Consultant consents to the City's use thereof for such purposes as the City deems <br />appropriate. <br />b• Payment need not be, made for worts which fails to meet the standard of <br />performance specified in the Recitals of this Agreement, <br />14. WAIVER <br />No waiver of breach, failure of any condition, or any right or remedy contained in or <br />granted by the provisions of this Agreement shall be effective unless it is in writing and signed by <br />the party waiving the breach, failure, right or remedy, No waiver of any breach, failure or right, or <br />remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not <br />similar, nor shall any waiver constitute a continuing waiver lidless the writing so specifies. <br />15. JURISDICTION - VENUE <br />This Agreement has been executed and delivered in the State of California and the validity, <br />interpretation, performance, and enforcement of any of the clauses of this Agreement shall be <br />determined and governed by the laws of the State of California. Both parties further agree that <br />Change County, California, shall be the venue for Any action or proceeding that may be brought or <br />arise out of, in connection with or by reason of this Agreement. <br />16. PRO I I.SSIONAL LICENSE <br />Consultant shall, throughout the termof this Agreement, maintain all necessary licenses, <br />permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder <br />and required by the laws and regulations of the United States, the State of California, the City of <br />Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and <br />in writing_ of its inability to obtain or maintain such permits, licenses, approvals, waivers, and <br />exemptions. Said inability shall be cause for termination. ofthis Agreement. <br />17, MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the <br />power, authority and right to bind their respective parties to each of the terms of <br />this Agreement, and shall indemnify City fully, including reasonable costs and <br />attorney's fees, for any injuries or damages to City in the event that such authority= <br />or power is not, in fact, held by the signatory or is withdrawn. <br />b. ThaAgreement is the final and complete agreement and any prior or <br />contemporaneous agreements fer similar services between the parties is superseded <br />by this Agreement, This shall not apply inhere the 'Parties are currently engaged <br />and Consultant is providing services not contemplated by this Agreement. <br />e. All Exhibits referenced herein and attached hereto shall be incorporated as if fully <br />set forth in the body of this Agreement. <br />