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03 - HOPWA EX. 1
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03 - HOPWA EX. 1
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1/3/2012 3:29:49 PM
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5/5/2011 9:08:42 AM
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City Clerk
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Agenda Packet
Item #
03
Date
5/2/2011
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not be entitled to any rights or privileges of City employees and shall not be considered in <br />any manner to be City employees. <br />XIV. NON-ASSIGNABILITY AND DELEGATION <br />Project Sponsor shall not assign any rights under this Agreement except <br />upon written authorization frown City. <br />XV. TERM <br />The term of this Agreement shall continence July 1, 2011 and terminate June 30, <br />2012, unless terminated earlier as provided in this Agreement; provided, however, the <br />Santa Ana Housing Authority shall be obligated to perform such duties as would <br />normally extend beyond this term, including but not limited to, obligations with respect <br />to indemnification, audits, reporking and accounting. <br />X'VI. TERMINATION <br />A. Any party may terminate this Agreement, without cause, upon ninety (90) days <br />written notice given the other parties. <br />B. Any party may terminate this Agreement, upon thirty (30) days written notice given <br />the other parties for material breach after failure to resolve the breach pursuant to the <br />Dispute Resolution paragraph of this Agreement. <br />C. The rights and remedies of City and the Housing Authority provided in this <br />Termination paragraph sha11 not be exclusive, and are in addition to any other rights <br />and remedies provided by law or under this Agreement. <br />XVII. THIRD PARTY BENEFICIARY <br />No party hereto intends that this Agreement shall create rights hereunder in third <br />parties including but not limited to any subcontractors or any patients provided services <br />hereunder. <br />XVIII. WANER OF DEFAULT OR BREACH <br />Waiver of any default the Housing Authority or City shall not be considered <br />a waiver of any subsequent default. Waiver of any breach by the Housing Authority or <br />City of any provision of this Agreement shall not be considered a waiver of any <br />subsequent breach. Waiver of any default of any breach by the Housing Authority or <br />City shall not be considered a modification of the terms of this Agreement. <br />8 <br />
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