UNITED STORM WATER, INC. -2011 - Laserfiche WebLink

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This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. ATTORNEY'S FEES Should any litigation be commenced between the parties to this Agreement concerning the work which is the subject of this Agreement, any provision of this Agreement, or the rights and obligations of either in relation thereto, each party shall be responsible for its own attorney's fees and costs. 18. TIME OF ESSENCE Time is of the essence in performance of this Agreement. 19. EXCLUSIVITY OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to hiring of Contractor by City, and contains all the covenants and conditions between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement, acknowledges that no representations, inducements, promises, or agreement, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or amendment to this Agreement shall be effective only if executed in writing and signed by City and Contractor. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.