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J. Terms/Definitions <br />The Terms "Proposing Party," "Proposer," and "Offeror" may be used <br />interchangeably in these specifications and shall refer exclusively to the firm with <br />whom the City enters into a contract as a result of this Request for Proposals. <br />K. Force Majeure (Acts of God) <br />If execution of this contract shall be delayed or suspended, and if such failure <br />arises out of causes beyond the control of and without fault or negligence of the <br />Proposing Party, the Proposing Party shall notify the City in writing within <br />twenty-four (24) hours, after the delay. <br />Such causes may include but are not limited to acts of God, war, or acts of the <br />public enemy, acts of any governmental entity in its sovereign or contractual <br />capacity, fires, floods, epidemics, strikes, and unusually severe weather. <br />L. Laws Governing Contract <br />This contract shall be interpreted in accordance with the laws of the State of <br />California. Parties further stipulate that this contract was entered into in the State <br />of California, County of Orange, which is the only appropriate forum for any <br />litigation as a result of breach hereof or any questions arising herefrom. <br />M. Attorney's Fees <br />In the event a suit or action is instituted in connection with any controversy <br />arising out of this contract, the prevailing party shall be entitled to receive, in <br />addition to its costs, such sum as the court may adjudge reasonable as to <br />attorney's fees and costs. <br />IV. ADDITIONAL TERMS & CONDITIONS <br />A. Reference <br />Each proposal must be returned with an Offeror's Reference Sheet, completed in <br />full. <br />B. Inquiries <br />Refer inquiries in writing via email to Christy Kindig at ckindig@santa-ana.org. <br />C. Award of Contract Based on Proposal <br />Emphasis will be placed on the background, experience, and stability of the <br />Proposing Party. The evaluation will focus on the Proposing Party addressing <br />each point of the Request for Proposals, references provided by the Proposing <br />Party, and verification of references by the City as to the overall satisfaction with <br />the services provided by the Proposing Party. <br />19F-7