AgdaPkt 2000-08-14 - Laserfiche WebLink

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'�•3A►3 7. Non-Assi�nment. This Agreement is not assigriable either in whole or in part. 8. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties. 9. Validitv. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10. Governina Law. This A�reement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful pam- will pa�� the reasonable expenses of litigation of the successful pam� 11. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutuallv acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation mad making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement, and each party shall beaz its own leQal costs. 12. Conflict of Interest. CONSULTANT may serve other clients, but none who are active within the City of Belmont or who conduct business that would place CONSULTANT in a"conflict of interest" as that term is defined by State Law. 13. Entire Asreement. This Agreement, including Exhibit A comprises the entire Agreement. 14. Indemnitv CONSULTANT shall defend, indemnify and hold the CITY" and its officers and employees harmless from any and all claims and liabilities related to or as a result of CONStiLTANT's performance of this Agreement. 1 �. Insurance CONSliLTANT shall not commence work under this Agreement until all insurance required under this paragraph has been obtained. CONSULTANT shall furnish CITY with certificates of insurance evidencing the required coveraQe. The CITY will be named as additional insured in the policy. These certificates shall specify or be endorsed to provide that thirty (30) days notice must be given, in writing, to the CITY office of any pending change in the limits of liabilitv or of any cancellation or modification of the policy. a. Workers' Compensation and Emplovers' Liabilitv Insurance. CONSULTANT shall have in effect during the entire life of this AQreement Workers' Compensation and Employers' Liability Insurance providing full statutory coverage. In si�ning this A�reement, _. __ _._ . __ �