AWS NATIONAL ACCOUNTS 1-2004 - Laserfiche WebLink

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local laws and regulations 15. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. QUALIFIED PERSONNEL Work under this Participating Addendum shall be performed only by competent personnel under the supervision of Contractor. Contractor will comply with City's reasonable requests regarding assignment of personnel, but all personnel, including those assigned at City's request, must be supervised by Contractor. 17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any Equipment furnished by Contractor, or by any of its employees, even though such Equipment be furnished, rented or loaned to Contractor by City. 18. LIABILITY OF CITY. CITY'S OBLIGATIONS UNDER THIS PARTICIPATING ADDENDUM SHALL BE LIMITED TO THE PAYMENT OF THE COMPENSATION PROVIDED FOR IN SECTION 6 OF THE WSCA MASTER AGREEMENT. NOTWITHSTANDING ANY OTHER PROVISION OF THIS PARTICIPATING ADDENDUM, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF OR IN CONNECTIN WITH THIS PARTICIPATING ADDENDUM OR THE SERVICES PERFORMED IN CONNECTION WITH THIS PARTICIPATING ADDENDUM. 19. MISCELLANEOUS PROVISIONS a) Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 10 -18 -2004 6 of