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GARDEN GROVE, FOUNTAIN VALLEY & COSTA MESA-2015
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GARDEN GROVE, FOUNTAIN VALLEY & COSTA MESA-2015
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Last modified
5/12/2015 5:30:16 PM
Creation date
5/12/2015 3:00:57 PM
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Contracts
Company Name
GARDEN GROVE, FOUNTAIN VALLEY & COSTA MESA
Contract #
A-2015-003
Agency
PUBLIC WORKS
Council Approval Date
1/20/2015
Destruction Year
0
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The parties shall comply with all applicable federal, state and local laws, statutes, <br />ordinances and regulations of any governmental agency having jurisdiction over the <br />project. <br />g. Force Majeure: Any party shall be excused from performing Its obligations under this <br />Agreement during the time and to the extent that it is prevented from performing by an <br />unforeseeable cause beyond its control, including, but not limited to: any incidence of <br />fire, flood; acts of God; commandeering of material, products, plants or facilities by the <br />federal, state or local government; national fuel shortage; or, a material act or omission <br />by the other party; when satisfactory evidence of such cause is presented to the other <br />parties, and provided further that such nonperformance is unforeseeable, beyond the <br />control and is not due to the fault or negligence of the party not performing. <br />h. Assignment: Neither this Agreement, nor any of the parties' rights, obligations, or duties <br />hereunder may be assigned in whole or in part by any party without the prior written <br />consent of all the other parties in their sole and absolute discretion. Any such attempt of <br />assignment shall be deemed void and of no force and effect. Consent to one <br />assignment shall not be deemed consent to any subsequent assignment, nor the waiver <br />of any right to, consent to such subsequent assignment. <br />i. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to <br />authorize or require any party to issue bonds, notes or other evidences of indebtedness <br />under the terms, in amounts, or for purposes other than as authorized by local, state or <br />federal law. <br />Governing Law: The laws of the State of California and applicable local and federal laws, <br />regulations and guidelines shall govern this Agreement. <br />k. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, <br />the court shall award costs and expenses, including attorney's fees, to the prevailing <br />party. <br />Notices: Any notices, requests, or demands made between the parties pursuant to this <br />Agreement are to be directed as follows: <br />City of Santa Ana <br />Public Works Agency <br />20 Civic Center Plaza, M -43 <br />Santa Ana, CA 92701 <br />Vinh Nguyen <br />Sr. Civil Engineer <br />(714) 647 -5612 <br />(714) 647 -5616 Fax <br />City of Garden Grave <br />Public Works Department <br />11222 Acacia Parkway <br />Garden Grove, CA 92842 <br />Tony Aquino <br />Acting City Engineer <br />
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