|
A party may change its address by giving notice in writing to the other party. Thereafter, any
<br />communication shall be addressed and transmitted to the new address. If sent by mail, communication
<br />shall be effective or deemed to have been given three (3) days after it has been deposited in the United
<br />States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent
<br />by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours
<br />after the time set forth on the transmission report issued by the transmitting facsimile machine,
<br />addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state,
<br />County or City holidays shall be excluded.
<br />10. EXCLUSIVITY AND AMENDMENT
<br />This Agreement represents the complete and exclusive statement between the City and Donor
<br />regarding the subject matter herein, and supersedes any and all other agreements, oral or written,
<br />between the parties. In the event of a conflict between the terms of this Agreement and any
<br />attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified
<br />except by written instrument signed by the City and by an authorized representative of Donor. The
<br />parties agree that any terms or conditions of any purchase order or other instrument that are
<br />inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Donor
<br />nor the City. Each party to this Agreement acknowledges that no representations, inducements,
<br />promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf
<br />of any party, which are not embodied herein.
<br />11. ASSIGNMENT
<br />Inasmuch as this Agreement is intended to secure the specialized services of Donor, Donor may
<br />not assign, transfer, delegate, or subcontract any interest herein, except as already specified in this
<br />Agreement, without the prior written consent of the City and any such assignment, transfer, delegation
<br />or subcontract without the City's prior written consent shall be considered null and void. Nothing in
<br />this Agreement shall be construed to limit the City's ability to have any of the services, which are the
<br />subject to this Agreement performed by City personnel or by other contractors retained by City.
<br />12. TERMINATION
<br />This Agreement may be terminated by the City upon seven (7) days written notice of
<br />termination.
<br />13. NON-DISCRIMINATION
<br />Donor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
<br />orientation, gender identity, gender expression, gender, medical conditions, genetic information, or
<br />military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by
<br />applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
<br />employment related activities. Donor affirm that it is an equal opportunity employer and shall comply
<br />with all applicable federal, state, and local laws and regulations.
<br />Page 6 of 8
<br />
|