Laserfiche WebLink
A party may change its address by giving notice in writing to the other party. Thereafter, <br />any notice, tender, demand, delivery, or other communication shall be addressed and transmitted <br />to the new address. If sent by mail, any notice, tender, demand, delivery, or other <br />communication shall be effective or deemed to have been given three (3) days after it has been <br />deposited in the United States mail, duly registered or certified, with postage prepaid, and <br />addressed as set forth above. For purposes of calculating these time frames, weekends, federal, <br />state, County or City holidays shall be excluded. <br />26. CONTRACT ADMINISTRATOR <br />The Executive Director of Parks Recreation and Community Services Agency, or his/her <br />designee, shall be City's Contract Administrator for this Agreement and all approval and notices <br />required to be given herein shall be so directed and addressed. <br />27. COMPLIANCE WITH LAWS <br />Operator shall, at Operator's own cost and expense, comply with all statutes, ordinances, <br />regulations, and requirements of all governmental entities, including federal and state, county <br />and municipal, relating to Operator's use and occupancy of the Park and Carnival Area and <br />Operator's facilities whether such statute, ordinances, regulations, and requirements be now in <br />force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the <br />admission by Operator in a proceeding brought against Operator by any government entity, that <br />Operator has violated any such statute, ordinance, regulation, or requirement shall be conclusive <br />as between City and Operator and shall be considered grounds for termination of this Agreement <br />by City. Operator will obtain all permits and other governmental approvals, required in <br />connection with Operator's activities hereunder, and update such permits/approvals as necessary. <br />28. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and <br />Operator, and supersedes any and all other agreements, oral or written, between the parties. In <br />the event of a conflict between the terms of this Agreement and any attachments hereto, <br />including the RFP, the terms of this Agreement shall prevail. This Agreement may not be <br />modified except by written instrument signed by the City and by an authorized representative of <br />Operator. Each party to this Agreement acknowledges that no representations, inducements, <br />promises or agreements, orally or otherwise, have been made by any party, or anyone acting on <br />behalf of any parties, which are not embodied herein. <br />29. ASSIGNMENT <br />Inasmuch as this Agreement is intended to secure the specialized services of Operator, <br />Operator may not assign, transfer, delegate, or subcontract any interest herein without the prior <br />written consent of the City and any such assignment, transfer, delegation or subcontract without <br />the City's prior written consent shall be considered null and void. Nothing in this Agreement <br />10 <br />