Agmt95 Metricom - Laserfiche WebLink

Browse Search

to CITY's employees, and METRIC OM hereby expressly waives any claim it may have to any such rights. Section 2. ASSIGNABILITY. This AGREEMENT shall not be assigned by METRIC OM without the express written consent of the CITY, which consent shall not be unreasonably withheld. Any attempted assignment in violation of this Section shall be void. The transfer of the rights and obligations of METRICOM to a parent, subsidiary, or other affiliate of METRICOM, or to any successor-in-interest or entity acquiring fifty-one percent (51 %) or more of METRlCOM' s stock or assets, shall not be deemed an assignment. METRIC OM shall give the CITY thirty (30) days' prior written notice of any such transfer. Section 3. NONDISCRIMINATION. METRlCOM shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed or national origin in connection with or related to the performance of this AGREEMENT. Section 4. WAIVER. METRlCOM agrees that waiver by CITY of any breach or violation of any term or condition of this AGREEMENT shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by CITY of the performance of any work or SERVICES by METRIC OM shall not be deemed to be a waiver of any term or condition of this AGREEMENT. Section 5. METRICOM'S BOOKS AND RECORDS. A. METRICOM shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for METRICOM's SERVICES for a minimum period of three (3) years, or for any longer period required by law, from the date the SERVICE was provided by METRICOM pursuant to this AGREEMENT. B. METRICOM shall maintain all documents and records which demonstrate performance under this AGREEMENT for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this AGREEMENT. C. Any records or documents required to be maintained pursuant to this AGREEMENT shall be made available for inspection or audit, at any time during regular business hours, upon five (5) days prior written notice by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to CITY for inspection at City Hall when it is practical to do so. Otherwise, redwood3.doc 11 9/21/95 · r