BOWERS, CHARLES W. MUSEUM-2015 - Laserfiche WebLink

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Briza Morales 20 Civic Center Plaza, M -28 P.O. Box 1988 Santa Ana, CA 92702 Email: Bmorales5 @santa- ana.org Telephone: 71.4 -647 -5475 Copy to: Michael Ortiz 20 Civic Center Plaza, M -3 l P.O. Box 1988 Santa Ana, CA 92702 Email: mortiz@Usanta- ama,or Telephone: 714 -647 -5263 BOWERS shall use funds solely for the purpose of paying fees or costs associated with the remediation efforts identified in the Swanson Report and shall, upon CITY's request, provide an accounting of the expenses. BOWERS shall make a written request to CITY and CITY shall provide payment to BOWERS within thirty (30) days. 3. Assignability. This Agreement may not be assigned by either Party without the prior and express written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee. 4. No Prior Agreements and No Oral Modifications This Agreement represents the entire understanding of CITY and BOWERS and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified, only in writing signed by the authorized representatives of both CITY and BOWERS. 5. Binding Upon Successors. This Agreement and each of its terms shall be binding upon CITY and BOWERS and their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns. 6. No Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the Parties. No person or entity has any rights or remedies under this Agreement. 7. Attorneys' Fees. In the event that any action or proceeding, including arbitration, is commenced by either CITY or BOWERS against the other to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing party in any such action or proceeding shall be entitled to recover from the other, in addition to all other legal and equitable remedies available to it, its actual attorneys' fees and costs of litigation, including, without limitation, filing Fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and attorneys' fees on appeal. Page 2 of 3