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Agmt26 BaySport Inc.
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Agmt26 BaySport Inc.
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Last modified
2/4/2026 10:52:41 AM
Creation date
2/4/2026 10:52:38 AM
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Agreement
PROJECT NAME
BaySport Annual Firefighter Physicals
RMP File Number
304.5
Date
1/23/2026
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REV: 01-09-26 MI <br />ATTY/AGR.2026.004/BaySport (Annual Firefighter Physicals) (Page 9 of 12) <br /> <br />attorney's fees. Consultant acknowledges that the filing of a false claim may subject <br />Consultant to an administrative debarment proceeding. As a result of such proceeding, <br />Consultant may be prevented to act as a Consultant on any public work or improvement <br />for a period of up to five (5) years. Consultant acknowledges that disbarment by another <br />jurisdiction is grounds for City to terminate this Agreement. <br /> <br />24. Jurisdiction and Venue. Any action at law or in equity brought by either of <br />the Parties for the purpose of enforcing a right or rights provided for by this Agreement <br />will be tried in a court of competent jurisdiction in the County of San Mateo, State of <br />California. The Parties waive all provisions of law providing for a change of venue in these <br />proceedings to any other county. <br /> <br />25. Successors and Assigns. This Agreement will be binding upon the Parties <br />and their respective successors and assigns. Consultant may not assign this Agreement, <br />nor any part of it, nor any monies due or to become due under it without the prior written <br />consent of City, which City may withhold in its sole discretion. <br />26. Paragraph Headings. Headings in this Agreement are for convenience only <br />and are not part of any provision in this Agreement. No heading will be construed to <br />change the meaning of any provision. <br />27. Entire Agreement; Conflicts. This Agreement, together with any other <br />written document referred to or contemplated by it, along with any purchase order or task <br />order for this Agreement, embodies the entire Agreement and understanding between the <br />parties relating to the subject matter of it. In case of conflict, the terms of the Agreement <br />supersede any purchase order or task order and any other attachment or exhibit. <br /> <br />28. Amendments. This Agreement may only be amended, modified, waived or <br />discharged in a writing signed by both Parties. <br /> <br />29. Authority. The individuals executing this Agreement and the instruments <br />referenced in it on behalf of Consultant each represent and warrant that they have the <br />legal power, right and actual authority to bind Consultant to the terms and conditions of <br />this Agreement. <br /> <br />30. Electronic Signatures. If all Parties agree, electronic signatures may be <br />used in place of original signatures on this Agreement. Each Party intends to be bound <br />by the signatures on the electronic document, is aware that the other Parties will rely on <br />the electronic signatures, and hereby waives any defenses to the enforcement of the <br />terms of this Agreement based on the use of an electronic signature. After all Parties <br />agree to the use of electronic signatures, all Parties must sign the document <br />electronically. <br /> <br /> <br />(Signature Page Follows)
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