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DocuSign Envelope ID: 84EC498E-2CB9-4BBF-A4A8-E61F987E989E <br />Blue5bcheologies <br />Smart So/laions <br />COMMITMENT TO EXCELLENCE EVEflY DAY Legal and Professional Services <br />modified or deleted in such a manner so as to make this Agreement as modified <br />legal and enforceable to the fullest extent permitted under applicable law. <br />16. WHOLE AGREEMENT AND MODIFICATIONS: This agreement contains all the terms <br />and conditions agreed to between City and BTSS. No employee, representative or <br />agent of BTSS has any authority to bind BTSS to any affirmation, representation, <br />modification or warranty concerning the services or material provided hereunder <br />unless specifically included within this agreement as a written amendment executed <br />by BTSS. This agreement cannot be modified unless both parties agree and a written <br />modification is made. <br />17. REMEDIES, ATTORNEY'S FEES AND CONSENT TO JURISDICTION: <br />A. City acknowledges and agrees that in the event of a breach or threatened breach <br />by the City of any of the provisions of Sections 11 and/or 13 of this Agreement, <br />BTSS shall have the right to institute and prosecute proceedings in equity, or in <br />any court of competent jurisdiction, to obtain an injunction to enforce the <br />provisions of such Sections and to pursue any other remedy to which BTSS may <br />be entitled. The City acknowledges that BTSS's remedy at law for any of the City <br />'s obligations under such Sections and such other terms of this Agreement as <br />may be applicable will be inadequate, and the City agrees and consents that <br />temporary and permanent injunctive relief may be granted in any proceeding <br />which may be brought to enforce any provision thereof, without the necessity of <br />proof of actual damage. <br />B. If BTSS seeks a restraining order, an injunction or any form of equitable relief and <br />is awarded or recovers such relief, City agrees to reimburse BTSS for reasonable <br />attorney fees, court costs and other costs and expenses as may be incurred by <br />BTSS in enforcing any of the terms of this Agreement. The parties agree that this <br />is reasonable. <br />C. If BTSS shall obtain a final judgment of a court of competent jurisdiction, subject <br />to no further appeal, pursuant to which City shall be determined to have <br />breached its obligations under this Agreement or made any misrepresentations, <br />City shall be entitled to recover, in addition to any award of damages, reasonable <br />attorneys' fees, court costs and other costs and expenses incurred by BTSS when <br />obtaining such judgment. Any relief awarded under this subsection C shall be in <br />addition to any relief awarded under subsection B. <br />D. If it is judicially determined that City has violated any of its obligations under <br />Section 11, then the Nonsolicitation Period shall be restarted as of the date of <br />Blue Technologies Smart Solutions LLC, Confidential <br />Page 4 of 8 <br />