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15. COUNTERPARTS. This Agreement may be executed in counterparts and as so <br />executed shall constitute an agreement which shall be binding upon all parties hereto. <br />16. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance <br />by the Consultant of the final payment made under this Agreement shall operate as and <br />be a release of the City from all claims and liabilities for compensation to the Consultant <br />for anything done, furnished or relating to the Consultant's work or Services. Acceptance <br />of payment shall be any negotiation of the City's check or the failure to make a written <br />extra compensation claim within ten (10) calendar days of the receipt of that check. <br />However, approval or payment by the City shall not constitute, nor be deemed, a release <br />of the responsibility and liability of the Consultant, its employees, sub -consultants and <br />agents for the accuracy and competency of the information provided and/or work <br />performed; nor shall such approval or payment be deemed to be an assumption of such <br />responsibility or liability by the City for any defect or error in the work prepared by the <br />Consultant, its employees, sub -consultants and agents. <br />17. CORRECTIONS. In addition to the above indemnification obligations, the <br />Consultant shall correct, at its expense, all errors in the work which may be disclosed <br />during the City's review of the Consultant's report or plans. Should the Consultant fail to <br />make such correction in a reasonably timely manner, such correction shall be made by <br />the City, and the cost thereof shall be charged to the Consultant. <br />18. FILES. All files of the Consultant pertaining to the City shall be and remain the <br />property of the City. The Consultant will control the physical location of such files during <br />the term of this Agreement and shall be entitled to retain copies of such files upon <br />termination of this Agreement. <br />19. WAIVER; REMEDIES CUMULATIVE. Failure by a Party to insist upon the <br />performance of any of the provisions of this Agreement by the other Party, irrespective of <br />the length of time for which such failure continues, shall not constitute a waiver of such <br />Party's right to demand compliance by such other Party in the future. No waiver by a <br />Party of a default or breach of the other Party shall be effective or binding upon such <br />Party unless made in writing by such Party, and no such waiver shall be implied from any <br />omissions by a Party to take any action with respect to such default or breach. No express <br />written waiver of a specified default or breach shall affect any other default or breach, or <br />cover any other period of time, other than any default or breach and/or period of time <br />specified. All of the remedies permitted or available to a Party under this Agreement, or <br />at law or in equity, shall be cumulative and alternative, and invocation of any such right <br />or remedy shall not constitute a waiver or election of remedies with respect to any other <br />permitted or available right of remedy. <br />20. MITIGATION OF DAMAGES. In all such situations arising out of this Agreement, <br />the Parties shall attempt to avoid and minimize the damages resulting from the conduct <br />of the other Party. <br />REV: 03-24-21 PR Pilot Project Software Agreement for the Automated Permit and Land Management System <br />Camino Technologies Corporation <br />ATTY/AGR.2021.062/Camino Technolgy Solutions, Inc. (Software for Automated Permit and Land Management) (Page 10 of 18) <br />