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City of Santa Ana <br />Proposal for Financial Feasibility Analysis <br />June 19, 2017 <br />Page 5 of8 <br />remaining term and provision of this Agreement shall be valid and in force to the fullest <br />extent permitted by law. <br />J. Notices. All notices, requests, demands and other communications which may <br />be required under this Agreement shall be in writing and shall be deemed to have been <br />received when transmitted; if personally delivered, if transmitted by telecopier, electronic <br />or digital transmission method, upon transmission; if sent by next day delivery to a <br />domestic address by a recognized overnight delivery service (e.g., Federal Express), the <br />day after it is sent; and if sent by certified or registered mail, return receipt requested, upon <br />receipt. In each case, notice shall be sent to the principal place of business of the <br />respective party. Either party may change its address by giving written notice thereof to <br />the other in accordance with the provisions of this paragraph. <br />K. Titles and Captions. Titles and captions contained in this Agreement are inserted <br />only as a matter of convenience and for reference and in no way define, limit, extend or <br />describe the scope of this Agreement or the intent of any provision herein. <br />L. Governing Law. The statutory, administrative and judicial law of the State of <br />California (without reference to choice of law provisions of California law) shall govern the <br />execution and performance of this Agreement. <br />M. Confidentiality. Each of the parties agrees not to disclose this Agreement or any <br />information concerning this Agreement to any persons or entities, other than to their <br />attorneys and accountants, or as otherwise may be required by law. <br />N. Counterparts. This Agreement may be executed in one or more counterparts, <br />each of which constitutes an original, and all of which together constitute one and the <br />same instrument. The signature of any person on a telecopy of this Agreement, or any <br />notice, action or consent taken pursuant to this Agreement shall have the same full force <br />and effect as such person's original signature. <br />0. Disclaimer. Consultant's financial analysis activities and work product, which <br />may include but is not limited to pro forma analysis and tax projections, are projections <br />only. Actual results may differ materially from those expressed in the analysis performed <br />by Consultant due to the integrity of data received, market conditions, economic events <br />and conditions, and a variety of factors that could materially affect the data and <br />conclusions. Client's reliance on Consultant's analysis must consider the foregoing. <br />Consultant services outlined and described herein are advisory services only. Any <br />decisions or actions taken or not taken by Client and affiliates, are deemed to be based <br />on Client's understanding and by execution of this Agreement, acknowledgement that <br />Consultant's services are advisory only and as such, cannot be relied on as to the results, <br />performance and conclusions of any investment or project that Client may or may not <br />undertake as related to the services provided including any verbal or written <br />communications by and between the Client and Consultant. <br />KOSMONT COMPANIES <br />1601 N. Sepulveda Blvd.#382, Manhattan Beach, CA 90266 1 ph 424.297.1070 1 www.kosmont.com <br />