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q-,�/� <br /> NORESCO shall provide, on the execution of the Agreement, a good and <br /> sufficient corporate surety bond issue by a corporate surety admitted in the State <br /> of California in the penal sum of one hundred percent (100%) of the amount of <br /> the Agreement, which bond shall be conditioned upon the faithful performance of <br /> all work required to be performed by NORESCO under this Agreement. Said <br /> bond shall be liable for any and all penalties and obligations which may be <br /> incurred by NORESCO under this Agreement. Acceptance of the bond by the <br /> City is subject- to the review and approval of the bond by the City Attorney's <br /> o�ce. � <br /> In addition to the bond required above, NORESCO shall furnish a good and <br /> sufficient corporate surety payment bond issued by a corporate surety admitted <br /> in the State of California in the penal sum of one hundred percent (100%) of the <br /> amount of this Agreement, which bond shall conform strictly with the provisions <br /> of Chapter 7, Title 15, Part 4, Division 3, of the Civil Code of the State of <br /> California, and all amendments thereto. Acceptance of the bond by the City is <br /> subject to the review and approval of the bond by the City Attorney's office. <br /> SECTION 14 - Agreement Interaretation and Performance ' <br /> The interpretation and perfoRnance of this Agreement shall be in accordance <br /> with and controlled by the laws of the State of California. <br /> SECTION 15 - Privileged and Proprietary Information <br /> NORESCO 's systems, means, costs and methodologies of evaluating, <br /> implementing, accomplishing and determining energy savings and the terms of <br /> the Agreement for this project shall be considered privileged and proprietary <br /> information. Customer shall_ use the same level of effort to protect and safeguard <br /> such information as it employs to safeguard its own confidential information. <br /> Customer shall not disclose, except as necessary and/or required by law, such <br /> proprietary information without the express written consent of an officer of <br /> NORESCO . <br /> SECTION 16 - Severabilitv <br /> In the event that any clause or provision of this Agreement or any part thereof <br /> shall be declared invalid by any court having jurisdiction, such invalidity shall not <br /> affect the validity or enforceability of the remaining portions of this Agreement. <br /> _ g _ 12/12/00 <br />