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Item 22 - Fire Alarm System Devices Upgrade, Testing, Inspection and Repair Services
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05/02/2023 Regular & HA
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Item 22 - Fire Alarm System Devices Upgrade, Testing, Inspection and Repair Services
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8/10/2023 1:54:05 PM
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8/10/2023 1:53:53 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
22
Date
5/2/2023
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<br /> <br /> <br /> <br /> <br />V 072622, Quoted 9/16/22 Page 5 of 5 <br />Ontario ● San Diego ● Irvine ● Pasadena ● Fresno <br />Sacramento ● Pleasanton <br /> Telephone: (877) 331-2084 • Fax: (909) 628-7774 <br />14. Payments are due within 30 days of the submittal of an invoice. Overdue payments shall bear interest at the rate of 1–1/2% <br />per month from the date on which payment is due until paid. <br /> <br />15. If any dispute arises out of this Agreement, such dispute shall be subject to Arbitration at the sole discretion of HCI. If any <br />arbitration or action at law or equity shall be brought on account of any breach of this Agreement or to enforce or interpret any <br />of its provisions, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, which shall <br />be fixed by the tribunal or court and be made a part of any award or judgment rendered. <br /> <br />16. This Agreement shall be governed and construed in accordance with the laws of the state of California. Both parties agree to <br />submit to the exclusive venue and jurisdiction of the courts of California for any enforcement of Arbitration awards and ensuing <br />litigation pertaining to this Agreement. <br /> <br />17. The person executing this Agreement on behalf of Customer represents and warrants that they are authorized to do so by <br />Customer to bind Customer to all terms herein. As a further inducement to HCI to enter into this Agreement, the person <br />executing this Agreement agrees to guarantee the performance of Customer herein and to be personally liable for any <br />payments not made by Customer. <br /> <br />18. The Parties acknowledge that this Agreement is the result of good faith negotiations between the Parties through their <br />respective counsel. Any statute or rule of construction that any ambiguity is to be resolved against the Party that caused such <br />an ambiguity shall not be employed in the interpretation or enforcement of this Agreement. <br /> <br />19. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which taken together <br />shall constitute one and the same instrument. In addition, the Parties agree that facsimile and/or electronic signatures shall be <br />acceptable to evidence the Parties’ assent to this Agreement and are deemed equivalent to original “wet ink” signatures for all <br />purposes under this Agreement.
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