Laserfiche WebLink
H. Partial Invalidity. If any term, covenant, condition, or provision of this <br />Agreement is held by a court of competent jurisdiction to be invalid, void, or <br />unenforceable, the remainder of the provisions hereof shall remain in full force <br />and effect and shall in no way be affected, impaired, or invalidated thereby. <br />I. Waiver of Rights. The failure of City or Operator to insist upon strict <br />performance of any of the terms, covenants or conditions of this agreement shall <br />not be deemed a waiver of any right or remedy that City or Operator may have <br />and shall not be deemed a waiver of the right of the Agreement thereafter. <br />J. Governing Law. This Agreement must be construed, and its performance <br />enforced, under California law. <br />K. No Property Interest. Operator agrees that this Operating Agreement shall <br />not be construed as granting any right of possession, estate, title or interest in the <br />Parking Facilities. Operator agrees that this Operating Agreement shall not <br />impair the City, its agents, or employees from entering the Parking Facilities at <br />any time. <br />L. Drug Free Workplace. Operator certifies that it has established the <br />following drug-free workplace policy: <br />1. The unlawful manufacture, distribution, dispensing, possession or use of a <br />controlled substance is prohibited in the workplace for any employee. <br />2. The employees of Operator will be required to: <br />a) Abide by the terms above in statement 1. <br />b) Notify appropriate officials of the City of any criminal drug statute <br />conviction for a violation occurring in the workplace not later than five <br />days after such conviction. <br />c) Within 30 days of receiving such notice, appropriate personnel action <br />will be taken by Operator against such employee, up to and including <br />termination. <br />36. ATTACHMENTS TO AGREEMENT <br />This Agreement includes the following, which are attached hereto and made a part <br />hereof: <br />Exhibit A — RFP 12-060: Parking Operations and Management Services <br />Exhibit B — Operator's Proposal <br />Exhibit C — Additional Insured Endorsement <br />29 <br />25A-33 <br />