ORANGE, COUNTY OF (28) - 2014 - Laserfiche WebLink

Home Browse Search

except for such amounts that arc due and payable by the County at the time of termination. (v) Contractor will apt be liable hereunder for any settlement made by the County without Contractor's.advance written approval or for any award froth any action in which the. County did not net co-operatively with the Cotitrdctor in the settlement, compromise; negotiation, and defense of such actions; and (vi) The foregoing ittdenmtily shall not apply to any irTringement claim to the extent arising from Uld County's use of the. Service ill •a manner not audtoiized by Contractor and/or County's use of Ute Servkc with software or hardware, not provide by Contractor, where the use with such other software or hardware, gave rise:10 the infringement elainG H. Assignment or Slab -contracting: Tho terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties. Furthermore, neither the performance of this Contract nor any portion thereof maybe assigned or sub -contracted by the Contractor without the express written consent of County, Any attempt by Contractor to assign or sub -contract the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract. Non -Discrimination: In the performance of this Contract, Contractor' agrees that it will comply with the requirements orSeetion 1735 of Ute California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of (be race, religious creed, color, national origin, ancesby, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor,acltnowledgesthat a viblatiort of this provision shall subject Contractor to all the penalties hnposetl for a violation of And - Discrimination Law or regulation, including but not. limited to, Section 1720 et seg. of the California Labor Code, J. Terraluntlow hi addition to any otter remedies or rights. it may have by law, County has the right to terminate this Contract without penalty alter 30 days' written notice. Either Party, may terminate this Contract in the event of a material breach by the other Party, which breach remaims.uucurod for ten (10) days following written notioe: to:the breaching Patty. Caugashall be defined as any breach of contract, any huisNpresentation or fraud an the part of the Contractor. Exercise by County of its right to terminate the Contract shall relieve County oral] farther obligatfon(s). Except For the application of Additional Terris and Conditions Section 3, far services rendered Which meet the specifications detailed in the Scope of Work and are - deemed acceptable by the County, amounts will be invoiced, or otherwise due and payable at the time of tennination and shall be paid by the County for [lie exact time urs to the date or termination and as governed by Paragraph E — Acecplanicelpaytnert, K. Consent to Breaelt Not Waiver: No term or provision of this Contract shall be deemed waived and no branch excused, unless such waiver or consent shall be in writing and signed by (lie I'arly claimed to have waived or masented. Any consent by any Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. L. Remedies Not hxelusive: Tile remedies for breach set forts in this Contract are cumulative as to one annther anti as to any other provided by law, rather than exclusive,, and the expression of Bhackb=Rl Conm t, Tm. L M"lor/nitro/: Pile fohlw62542e 3 - Cantmct # MMM -1 At 1688-