COOPERATIVE PERSONNEL SERVICES, DBA CPS HUMAN RESOURCES (3)

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K. Miscellaneous. 1. Notices. Any notice to the parties required or Permitted under this Agreement shall be given in writing and shall be sent to Client at the address provided for the Principal Signer and to CPS HR at 241 Lathrop Way, Sacramento, CA 95815. 2. Dispute Resolution; Remedies. (a) In the event of a dispute, the parties may agree to pursue mediation or either binding or nonbinding arbitration to resolve their dispute, under such rules as the parties may agree. (b) If either CPS HR or Client determines to file a judicial action, then, in addition to any other remedies available at law or In equity to the parties for breach of this Agreement, Client acknowledges that breach of this Agreement may result in irreparable harm to CPS HR for which damages would be an inadequate remedy and, therefore, in the event of a breach, In addition to its rights and remedies otherwise available by law, CPS HR shaii be entitled to seek equitable relief, Including injunction. 3. Attorneys Fees. If any legal action or arbitration or other proceeding is brought to enforce or construe the term of this Agreement or because of an alleged dispute, breach or default in connection with any provision of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys fees and other costs incurred in that action, arbitration or proceeding in addition to any other relief to which it may be entitled, 4. Waiver, The failure of any party at any time or times to require performance of any provisions of this Agreement shall In no manner affect its right to enforce such provision at a later time. Nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. No waiver shall be enforceable unless made in writing and signed by the party granting the waiver. S. Entire Agreement; Modifications. This Agreement constitutes the entire Agreement between the parties regarding the subject matter hereof and supersedes all other Agreements, representations and warranties. All modifications and supplements to this Agreement must be in writing and signed by both parties. 6. Counterparts; Facsimile Signature; Electronic Signature. This Agreement may be executed in any number of counterparts. If this Agreement or any counterpart is signed and then faxed or e-malied by PDF or otherwise, the faxed or e-mailed copy bearing the signature shall be as good as the original wet -ink signed copy for all intents and purposes. Z Interpretation; Jurisdiction. This Agreement shall be interpreted and enforced under the laws of the State of California and jurisdiction shall be in Sacramento County, California. The Agreement shall be interpreted in a fair and balanced manner to best preserve its intent, and without bias against the drafter. 8. Authority to Sign. The person signing this Agreement on behalf of the Client (the Principal Signer) represents that he or she is the head of the agency or is otherwise duly authorized to sign this Agreement and to bind the Client. Principal Signer By signing below, I represent that the persons(s) listed in Exhibit A and on any attached sheets is/are authorized to handle CPS HR Test Materials on Clients behalf. I affirm that I will handle all CPS HR Test Materials in accordance with the terms of the CPS HR Test Rental Agreement then in'f'ect will insure all individuals handling and/or administering tests are properly trained. Akp ft I'�t', a k,'')T® FOF Cooperative Personnel Services dba Client CPS HR Consulting, A California Joint Powers Authority Aute rinedSigna re ' I N By: �� N"U U By r, f�-,,..m�^ k✓�,.., ,,,,,,....., fit, d Authorized Signattfre Name: Amy Bigone Title: Test Rental Program Manager Date:—q�J�(r ATTESM MARIA D. HUITAR (✓( CLERK OF THE COUNCIL 2014 — 2016 CPS HR — Test. Renta P 2 Year Agreement Name: Edward Rava Title: Eueouti,ro Director, Pargnnnag Svcs. Email: eraya@santa—ana.org Date: 9/25/14 3David Cavazos, City Mana er, --