AgdaPkt 2010-11-08 - Laserfiche WebLink

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6.1 D Page 10 i � I � I paid for the reasonable value of the services performed up to the time of cessatioli or ' I ' abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment. • (19) aiver, The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of � either the samc or a different pmvision of this Agreement. (20) No Third-part„y Ri�hts. The parties intend nat ta create rights in, or to grant �. remedies to, any third party as a beneficiary of this Agreemenf or of any duty, covenant, , obligation, or undertaking established herein, (21) Severabilitv. Should any part of this Agreement be declared by a�nal decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision sha1l not affect the validity of the ! remainder of this Agreement, which shail continue in full force and effect, provided fhat the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentiona of the parties. (22) Compliance with Laws. In the perfarmance of this Agreement, Cansultant shatl � abide by and conform to any and all applicable laws of the United States and the State of California, and the City Charter and all ordinances of the City. Consultant warrants that all work done under this Agreement will be in compliance with atl applicable safety rules, laws, statutes and practices, including but not limited to CaVOSHA regulations. (23) Controllin� Law. This Agreement and all matters relating to it shall be governed by the domesiic laws of the State of Califomia. Any action arising out of this Agreement shall be venued in the Superior Court of the State of California in and for the County of San Mateo. Consultant agrees to exctusive jurisdiction and venua of that Court for all matters not removed to the U.S. District Court. (24) Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be b.ereinafter acquired in, any matter �vhich will render fhe services required under the provisions of this Agreement a violation of any applicable sfate, local, or federal law. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall prornptly noti£y City of the �xistence of such conflict of interest so that the City may determine whether to ternunate this Agreement. Consultant fiuther warrants its - compliance with the Politicai Reform Act (Gov. Code section 8I00 et seq.) respecring this Agreement. Consultant is not a�ublic official' for pur�oses of Governrt�ent Code section 87200 et seq. Consultant conducts iesearch and arrives at conclusions with respect to his or her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or any City official, other than norma�, contract monitoring. Tn addition, Consultant possesses no authority with respect to any City decision beyond the rendition of information, advice, recommandation or counset." A1"1'Y/AQR/2010. [ 19 10/l9/10 g