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25D - AGMT - STORES CONSIGNMENT INVENTORY PROGRAM
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12/17/2012
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25D - AGMT - STORES CONSIGNMENT INVENTORY PROGRAM
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Last modified
12/13/2012 12:39:49 PM
Creation date
12/13/2012 12:39:42 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
25D
Date
12/17/2012
Destruction Year
2017
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18. MISCELLANEOUS <br />a. This Agreement shall be construed and interpreted under the laws of The State of <br />California without giving effect to the provisions thereof relating to conflicts of law. <br />b. No failure of either party hereto to exercise any power given such party hereunder or <br />to insist upon strict compliance by the other parry to its obligations hereunder, and no custom or <br />practice of the parties in variance with the terms hereof, shall constitute a waiver of either party's <br />right to demand exact compliance with the terms hereof. <br />C. Each undersigned represents and warrants that its signature hereinbelow has the <br />power, authority and right to bind their respective parties to each of the terms of this Agreement, and <br />shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages <br />to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. <br />d. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set <br />forth in the body of this Agreement. This Agreement may be executed in one or more counterparts <br />and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall <br />together constitute but one and the same instrument. <br />e. Each party shall, in a timely manner, time being of the essence, execute and deliver <br />such papers, documents, and instruments, and perform such further acts as are necessary or <br />appropriate, to implement the terms of this Agreement and the intent of the parties to this <br />Agreement. <br />IN WITNESS WHEROF, the parties hereto cause their hands and seals to be affixed by their <br />duly-authorized representative effective as of the date and year first above written. <br />Single Point Alliance, Inc. City of Santa Ana <br />By: <br />Name: Wayne J. Plizga <br />Title: Director, Finance <br />By: <br />Paul M. Walters <br />City Manager <br />Attest: <br />Maria D. Huizar <br />Clerk of the Council <br />Recommended for Approval: <br />Francisco Gutierrez <br />Executive Director - FMSA <br />Approved as to Form: <br />Laura Sheedy <br />Assistant City Attorney <br />25D-9
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