Agmt22 IQHQ Elco Yards, LP - Laserfiche WebLink

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REV: 07-19-22 JB obtain or maintain insurance and City may collect these payments from IQHQ or deduct the amount paid from any sums due IQHQ under this Agreement. 9.9 Submission of Insurance Policies. City reserves the right to require, at any time, complete copies of any or all required insurance policies and endorsements. 10. BREACH. IQHQ’s failure to comply with any of the provisions of this Agreement shall be a material breach of this Agreement. In such event, in addition to any other legal remedies available, or otherwise specified in this Agreement City may revoke IQHQ’s right to maintain the Partial Closure or Entire Closure of the Dog Park under this Agreement. 11. JURISDICTION AND VENUE. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Mateo, State of California. The Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 12. SUCCESSORS AND ASSIGNS. This Agreement will be binding upon the Parties and their respective successors and assigns. IQHQ may not assign this Agreement, nor any part of it, nor any monies due or to become due under it without the prior written consent of City, which City may withhold in its sole discretion. 13. PARAGRAPH HEADINGS. Headings in this Agreement are for convenience only and are not part of any provision in this Agreement. No heading will be construed to change the meaning of any provision. 14. ENTIRE AGREEMENT; CONFLICTS. This Agreement, together with any other written document referred to or contemplated by it, embodies the entire Agreement and understanding between the parties relating to the Temporary Dog Park. In case of conflict, the terms of the Agreement supersede any attachment or exhibit. 15. AMENDMENTS. This Agreement may only be amended, modified, waived or discharged in a writing signed by both Parties. 16. AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of IQHQ each represent and warrant that they have the legal power, right and actual authority to bind IQHQ to the terms and conditions of this Agreement. 17. ELECTRONIC SIGNATURES. Electronic signatures may be used in place of original signatures on this Agreement. Each Party intends to be bound by the signatures on the electronic document, is aware that the other Parties will rely on the electronic signatures, and hereby waives any defenses to the enforcement of the terms of this Agreement based on the use of an electronic signature. After all Parties agree to the use of electronic signatures, all Parties must sign the document electronically. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] ATTY/AGR.2022.180/IQHQ (Elco Yards Temporary Dog Park) (Page 6 of 13)