25A - COMPREHENSIVE PHYSICAL EVALUATIONS (2)

Home Browse Search

I~o Consultant: Tustin Irvine Medical C3roup S00 ~~~. Tustin lvenuc, ~:A Santa :~na. California 9?70~ ~l~clcfacsimile (714) 28~-0400 1ttn: lZose Barrio A party may change its address b~ giving notice in ~~riting to the other party. Thereafter, anv communication shall be addressed and transmitted to the nevi address. If sent b~~ mail, cunununicatiun shall be elective or deemed to have been given three (i) days alter it has been deposited in the l;nited States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimilc, communication shall be effective or deemed to ha~c bccn given t~~cnt}-four (24j hours after the time set forth on the transmission report issued b~ the transmitting facsimile machine, addressed as set forth above. for purposes oi'calculatin` these time frames. ~~eekends. federal, state, County or Cite holidays shall be excluded. ~ , 10. I~:XCLI~SIVITI' :1ND :1VIENUME'.VT This :~greemcnt represents the complete and exclusive statement between the City and Consultant. and supersedes anv and all other a~recmcnts, oral or written. between the parties. In the event of a conflict bct~~~ecn the terms ol• this Agreement and any attachments hereto, the terms of this :agreement shall prevail. This Agreement may not be modified except by written instrument signed h~~ the (`ih~ and by an authorized representative of Consultant. 1~he parties agree that anv terms or conditions of any purchase order or other instrument that arc inconsistent ~~ith. ur in addition to. the terms and conditions hereof. shall not bind or obligate Consultant nor the C'it~. I~:ach party to this .1~recment ackno~~•Icdges that no representations. inducements. promises or a~~rrcmrnts. orally or other~~isc. hay c bccn made b_v an_v party. or anyone acting on behalf of any party .which are not embodied herein. 1 1. :15S1(;X Vl>4:\"I' lnasnwch as tlus Agreement is intended to secure the specialized services of Consultant, Consultant may not assign. transfer, delegate. ur subcontract any interest herein ~~~ithout the prior written consent of the City and any such assignment, transfer, delegation or subcontract ~~~ithout the City's prior ~~ritten consent shall be considered null and void.'~othing 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 performed b~~ City personnel or by other consultants retained by City. 12. TI~:Iti\~IIX.aTI01\ This :1~~rcement n1a~~ be terminated by the City upon thirty (30) days written notice of termination. In such e~ cnt. Consultant shall be entitled to recciyc and the City shall pay Consultant compensation for all services performed b~ C'onsultant prior to receipt of-such notice of ternlination. subject to the tollo~~in~~ conditions: a. :~s a condition ofsuch pa~nlent. the F-:xecutive Director may require Consultant to deliver to the City all ~~~urk product completed as of such date. and in such case such work product shall be the propcrt~ uCthe City unless prohibited b~ la~~, and Consultant consents to the City's use thereof for Such purposes as the City deems appropriate. 25A-7