Laserfiche WebLink
16,TERMINATION <br />This Agreernent may be terminated by the City upon thirly (30) days written notice of <br />tennination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant <br />compensation for all services performed by Consultant prior to receipt of such notice of termination, <br />subject to the following conditions: <br />a. As a condition of such paynent, the Executive Director may require Consultant to <br />deliver to the City all work product(s) cornpleted as of such date, and in such case such <br />work product shall be the property of the City unless prohibited by law, and Consultant <br />consents to the City's use thereof for such pulposes as the City deems appropriate. <br />b. Payment need not be made for work which fails to meet the standard of performance <br />specified in the Recitals of this Agreement. <br />17. WATVER <br />No waiver of breach, failure of any condition, or any right or remedy contained in or granted <br />by tlie provisions of this Agreement shall be effective unless it is in writing and signed by the party <br />waiving the breach, failure, right or remedy. No lvaiver of any breach, failure or right, or rernedy shall <br />be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any <br />waiver constitute a continuing waiver unless the writing so specifies. <br />18. JURISDICTION - VENUE <br />This Agreernent 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 Orange <br />Cortnty, California, shall be the venue for any action or proceeding that may be brought or arise out of <br />in connection with or by reason of this Agreement. <br />19. PROFESSIONAL LICENSES <br />Consultant shall, throughor.rt the term of this Agreement, maintain all necessary licenses, <br />permits, approvals, waivers, and exemptions necessary for the provisiorr of the services hereunder and <br />reqr"rired by the laws and regulations of the United States, the State of California, the City of Santa Ana <br />and all other governmental agencies. Consultant shall noti$z the City irnmediately and in writing of <br />its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said <br />inability shall be cause for termination of this Agreement. <br />20. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreernent shall <br />be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or <br />cerlified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner <br />provided in this Section, to the following persons: <br />#254137v2 <br />Page 7 of9