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20. Severahllity. If any provision of this Agreement, or portion thereof, is held to be invalid, illegal or unenforceable by <br />a court of oompetent jurisdiodon, such provision will be severed and the remaining provisions of this Agreement will <br />remain in force and effect. <br />21, Walve r. The failure to enforce any provision of this Agreement shall not operate as a waiver thereof nor preclude the <br />enforcement of any such provision in the future. All waivers shall be in writing and signed by the party to be charged. <br />22. Modification, This Agreement may be modified only by a written document signed by the parties hereto. The terms <br />and conditions of this Agreement shall supersede any and all standard terms and conditions on either party's <br />preprinted forms, including but not limited to Purchase Orders, Piolcap Slips and Invoices. <br />23. Assi nment. Neither party may assign this Agreement without the prior written consent of the other party. Any <br />assignment in, violation of this provision will be null and void. Notwithstanding the foregoing, without the other <br />patty's consent, either party may assign this Agreement in whole or in part to an affiliated company or a successor in <br />interest of all or substantially all of the assets of such party, provided that, in the case of an assignment by Client, such <br />affiliated company or successor in interest satisfies PBPS' creditworthiness standards. A party malting such <br />assignment shall promptly notify the other party in writing. This Agreement will be binding upon and inure to the <br />benefit of the parties and their respective permitted successors and assigns. <br />24. Governing Law. This Agreement shall be governed by, interpreted, construed and enforced in accordance with the <br />laws of the State of California without regard to its conflicts of law principles, irrespective of the fact that any one of <br />the parties is now or may become a resident of a different state. <br />25. Notices. All notices, consents or waivers required or permitted in this Agreement shall be in writing and be deemed <br />to have been duly given when (a) delivered personally; (b) upon transmission if sent by confirmed facsimile <br />transmission; (c) upon delivery according to the records of an overnight courier service; or (d) upon USPS records if <br />sent by certified mail (postage prepaid), using the fax numbers / addresses set forth immediately following the <br />signatures of the parties hereto. A party may change its address for notice by notice satisfying the requirements of this <br />paragraph 25. <br />26. Authorized Signature. Each party represents and warrants to the other that it has full and complete authority to enter <br />and perform this Agreement and that the person signing in its behalf has been duly authorized to sign this Agreement, <br />PBPS <br />PITNEY OWES PRESORT SERVICES, INC. <br />BY: 2 <br />Name: Nicole M. Zisk VP Finance <br />m Pitney Bowes Presort Services, Inc. <br />Address: 10110 "I" Street <br />Omaha, NE 68127 -1189 <br />Phone: 402339 -6500 <br />Fax; 402 -339 -6588 <br />Date Signed: 10 ?, 0 1 <br />ATTEST / <br />By: YI P, 17L <br />i <br />Name; <br />Maria D. Huizar <br />Clerk of Council <br />Proprietary and Confidential Information <br />PBPS Contract Management — Rev November 2013 <br />CLIEN f <br />CITY 9F-S A <br />By; <br />Name: David Cavazos <br />Title; City Manager <br />Address; 20 Civic Center Plaza <br />Santa Ana, CA 92701 <br />Phone; 714 -647 -5200 <br />Fax; 714- 647 -5414 <br />Date Signed; <br />RECOMMENDED FOR APP l VAT. <br />By: 'C MQ 6 DZ, , <br />Namo: Francisco Gutierrez <br />xecu ive Director <br />Title; Finance and Management Services <br />Page 4 of 14 <br />