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25K - AGMT ASSET MGMT SOFTWARE LIC
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01/16/2018
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25K - AGMT ASSET MGMT SOFTWARE LIC
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Last modified
1/11/2018 7:12:23 PM
Creation date
1/11/2018 6:50:11 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25K
Date
1/16/2018
Destruction Year
2023
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shall be construed to limit the City's ability to have any of the services which are the subject to <br />this Agreement performed by City personnel or by other consultants retained by City. <br />15. WAIVER <br />No waiver of breach, failure of any condition, or any right or remedy contained in or <br />granted by the provisions of this Agreement shall be effective unless it is in writing and signed by <br />the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or <br />remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not <br />similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. <br />16. TERMINATION <br />This Agreement maybe terminated by the City upon thirty (30) days written notice of <br />termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant <br />compensation for all services performed by Consultant prior to receipt of such notice of <br />termination, subject to the following conditions: <br />a. As a condition of such payment, the Executive Director may require Consultant to <br />deliver to the City all work product completed as of such date, and in such case <br />such work product shall be the property of the City unless prohibited by law, and <br />Consultant consents to the City's use thereof for such purposes as the City deems <br />appropriate. <br />b. Payment need not be made for work which fails to meet the standard of <br />performance specified in the Recitals of this Agreement. <br />17. NON-DISCRIMINATION <br />Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, <br />sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by <br />applicable law, in the recruitment, selection, training, utilization, promotion, termination or other <br />employment related activities or in connection with any activities under this Agreement. <br />Consultant affirms that it is an equal opportunity employer and shall comply with all applicable <br />federal, state and local laws and regulations. <br />18. JURISDICTION -VENUE <br />This Agreement has been executed and delivered in the State of California and the validity, <br />interpretation, perfonnance, and enforcement of any of the clauses of this Agreement shall be <br />determined and governed by the laws of the State of California, Both parties further agree that <br />Orange County, California, shall be the venue for any action or proceeding that may be brought or <br />arise out of, in comiection with or by reason of this Agreement. <br />Page 7 of S <br />25K-73 <br />
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