|
that any terms or conditions of any purchase order or other instrument that are inconsistent with,
<br />or in addition to, the terms and conditions hereof, shall not bind or obligate Operator nor the
<br />City. Each party to this Agreement acknowledges that no representations, inducements, promises
<br />or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of
<br />any parties, which are not embodied herein.
<br />34. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS
<br />Operator shall carry out all services pursuant to this Agreement in substantial conformity
<br />with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the
<br />United States, the State of California, the County of Orange, the City, and of any other political
<br />subdivision, agency, or instrumentality exercising jurisdiction over the City, including all
<br />applicable federal, state, and local occupation, safety and health laws, rules, regulations and
<br />standards, applicable state and labor standards, prevailing wage requirements, the City zoning
<br />and development standards, City permits and approvals, building, plumbing, mechanical and
<br />electrical codes, as they may apply, and all other provisions of the City and its Municipal Code
<br />(as they may apply), and all applicable disabled and handicapped access requirements, including,
<br />without limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government
<br />Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq.
<br />35. MISCELLANEOUS
<br />A. Survival of Provisions. If any part of this Agreement is for any reason found to
<br />be unenforceable, all other parts nevertheless remain enforceable.
<br />B. This Agreement binds an inures the benefit of the parties and their respective
<br />successors.
<br />C. Time of the Essence. Time is of the essence regarding this Agreement.
<br />D. Agreement Organization. The various heading and numbers herein, the
<br />grouping of provisions of this Agreement into separate clauses and paragraphs, and the
<br />organization hereof, are for the purpose of convenience only, and shall not be considered
<br />otherwise.
<br />E. Inspection. City or its authorized representative shall have the right at all
<br />times to inspect the Premises to determine if the provisions of this Agreement are
<br />being complied with.
<br />F. Conflict of Interest. Operator shall avoid all conflict of interest or the
<br />appearance of conflict of interest in performance of this Agreement.
<br />G. Successors in Interest. Unless otherwise provided in this Agreement, the
<br />terms, covenants, and conditions contained herein shall apply to and bind the
<br />heirs, successor, executors, administrators, and assigns of all the parties hereto, all
<br />of whom shall be jointly and severely liable hereunder.
<br />28
<br />25A-32
<br />
|