ORANGE, COUNTY OF - 2008 - Laserfiche WebLink

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Y. Waiver of Jrry Trial: Each Party acknowledges that it is aware of and has had the opportunity to seek advise of counsel of its choice with respect to ifs rights to trial by jury, and each Party, for itself and its successors, creditors, and assigns, does hereby expressly and knowingly waive and release all such rights to trial by jury in any action, proceeding or counterclaim brought by any Pally hereto against the other (and/or against its officers, directors, employees, agents, or subsidiary or affiliated entities) on or with regard to any matters whatsoever arising out of or in any way connected with this Contras and /or any other claim of injury or damage. Z. Terms and Coedkiora: Contractor acknowledges that it has read and agrees to all terms and conditions included in this Contras. AA. Headiaga: The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience only and shall nx limit or otherwise affect the meaning hereof. BB. Severability: If any teen, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full fora and effex and shall in no way be affesed, impaired or invalidated thereby. CC. Calendar Days: Any reference to the word "day" ar "days" herein shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. DD. Attorneys Fees: [n any action or proceedmg to enforce or interpret any provision of this Contract, or where any provision hereof is validly asserted as a defense, each party shall bear its own attorney's foes, costs and expenses. EE. Interpretation: This Contract has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt wilt in this Contract. In addition, each Party has been represented by ezperiertced and knowledgeable independent legal counsel of their own choosing, or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each Party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other Party hereto or by any person representing them, or both. Accordingly, any rule of law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the Party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to affex the purpose of the Parties and this Contract. FF. Authority: The Parties to this Contrail represent acrd wartant that this Contract has been duly authorized and executed and constitutes the legally binding obligation of their respexive organization or entity, enforceable in accordance with its terms. GG. Employee Ellgib[lity Verification: The Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statues and regulations. The Contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and rogulations including, but nil limited to, the Immigration Reform and Control Ad of 1986, 8 U.S.C. §1324 et seq„ as Ntey currently exist and as they may be hereafter amended. The Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. The Contractor shall indemnify, defend with counsel approved in writing by County, and hold harmless, the County, its agents, officers, and employees from employer sanctions and arty other liability which may be assessed against the Contractor or the County or both in connexion with any alleged violation of any Federal or State statutes or regulations perYSining to the eligibility for employment of any persons performing work under this Contras. Cmtna N10000e9880 I I )rzSroB