Laserfiche WebLink
DO NOT RECORD <br />be effective or deemed to have been given twenty-four (24) hours after the time set forth <br />on the transmission report issued by the transmitting facsimile machine, addressed as set <br />forth above. For purposes of calculating these time frames, weekends, federal, state, <br />County or City holidays shall be excluded. <br />18. Contract Administrator. The Executive Director of the Parks, Recreation <br />and Community Services Agency, or his/her designee, shall be City's Administrator for <br />this Agreement and all approval and notices required to be given herein shall be so <br />directed and addressed. <br />19. Construction. The parties acknowledge that each party and its counsel <br />have reviewed and revised this Agreement and that the normal rule of construction to the <br />effect that any ambiguities are to be resolved against the drafting party shall not be <br />employed in the interpretation of this Agreement or any amendments hereto. <br />20. Governing Law. This Operating Agreement shall be construed and <br />interpreted in accordance with and shall be governed and enforced in all respects <br />according to the laws of the State of California, without regard to conflicts of laws <br />principles. Both parties further agree that Orange County, California, shall be the venue <br />for any action or proceeding that may be brought or arise out of, in connection with or by <br />reason of this Agreement. <br />21. Entire Agreement. This Operating Agreement contains the entire <br />understanding of the parties and supersedes any and all other written or oral <br />understanding. No alteration of or amendment to this Agreement shall be effective unless <br />given in writing and signed by the party or parties sought to be charged or bound by the <br />alteration or amendment. <br />22. Captions. Any captions or headings to the Sections and subsections in this <br />Agreement are solely for the convenience of the parties hereto, are not a part of this <br />Agreement, and shall not be used for the interpretation or determination of validity of this <br />Agreement or any provision hereof. <br />23. Severability. If any one or more of the provisions contained in this <br />Agreement shall for any reason be held to be invalid, illegal or unenforceable in any <br />respect, such invalidity, illegality or unenforceability shall not affect any other provision <br />hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable <br />term or provision had never been contained herein. <br />24. No Waiver. Any waiver, consent or approval by either party of any <br />breach, default or event of default of any provision, condition or covenant of this <br />agreement must be in writing and shall be effective only to the extent set forth in writing. <br />No waiver of any breach, default or event of default shall be deemed a waiver of any later <br />breach, default or event of default of the same or any other provision of this Agreement. <br />Any failure or delay on the part of either party in exercising any power, right or privilege <br />under this Agreement shall not operate as a waiver thereof, nor shall any single or partial <br />exercise of any such power, right or privilege preclude any further exercise thereof. <br />7 <br />25F-9