Laserfiche WebLink
The City shall be solely responsible for the costs of administration and the costs of the <br /> arbitrator. <br /> 20. Assignment. This Agreement is not assignable by either the City or <br /> Nunez. The City and Nunez acknowledge that this Agreement is a personal services <br /> agreement for the personal services of the City Manager. <br /> 21. General Provisions <br /> a. The text herein shall constitute the entire agreement between <br /> the Parties. No representations have been made or relied upon except as set forth herein. <br /> The Agreement is deemed to have been prepared by all of the Parties hereto, and any <br /> uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if <br /> such ambiguity or uncertainty exists, shall be interpreted according to the applicable rules <br /> of interpretation of contracts under the law of the State of California. The use of section <br /> headings in this Agreement is provided for convenience only and will not have any impact <br /> on the interpretation of particular provisions. <br /> b. If Nunez dies or becomes incapacitated during the Term of <br /> this Agreement, any accrued and unpaid wages provided by the terms of this Agreement <br /> shall be paid by City to Nunez's spouse or if no spouse, to Nunez's dependents. The <br /> Agreement shall be binding upon, or shall inure to the benefit of, the respective heirs, <br /> executors, administrators, successors and assigns of the Parties; provided, however, <br /> that Nunez may not assign Nunez's obligations hereunder. <br /> c. If any provision or portion hereof contained in this Agreement <br /> is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement <br /> or portion thereof shall be deemed severable and shall not be affected and shall remain <br /> in full force and effect. <br /> d. This Agreement represents the entire understanding of the <br /> City and Nunez as to those matters contained herein, and no prior oral or written <br /> understanding shall be of any force or effect with respect to those matters covered by this <br /> Agreement. Except as specifically authorized by this Agreement, this Agreement may not <br /> be modified, altered or amended, except in writing approved by the City Council at a <br /> regular public meeting and Nunez, and signed by the Mayor and Nunez. <br /> 55394.00000\42495009.1 <br />