CONTEMPORARY TILE - Laserfiche WebLink

Home Browse Search

A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmittcd to the new address. If sent by mail, communication shall be effective or decmcd to have heen given three (3) days after it has bccn deposited in the United Statcs mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission rcport issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complctc and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict betwcen the terms of this Agreement and any attachments hcrcto, the terms of this Agrccment shall prevail. This Agreement may not be modificd cxcept by written instmment signed by the City and by an authorized representativc of Consultant. The parlies agree that any terms or conditions of any purchase ordcr or other instmment lhat are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreemcnts, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are nol embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consoltant, Consultant may not assign, transfer, delegate, or subcontract any intercst herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performcd by City personnel or by other consultants retained by City. 12. TERMINA nON This Agreement may be terminatcd by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Deputy City Manager of Development Services may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibitcd by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. 5