AgdaPkt 2013-04-08 - Laserfiche WebLink

Browse Search

6.1.A. - Page 40 b. Para�raph Headin�s. Paragraph headings as used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning hereof. c. Governin�Law. This Agreement shall be construed and governed in accordance with the laws of the State of California. Venue shall be the County of San Mateo. d. Counterparts. This Agreement may be executed in any number of counterparts which together shall constitute the contract of the Parties. e. Exhibits. Any and all exhibits and schedules attached or to be attached hereto are hereby incorporated and made a part of the Agreement by reference. £ Severability. If any term,provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect. g. Authori . Each person executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder. h. No A�encv Relationshi�. Neither the Developer nor any of the Developer's agents, contractors or subcontractors are or shall be considered to be agents of City in connection with the performance of any of the Developer's obligations under this Agreement. i. Attornevs' Fees and Costs. Either party may bring a lawsuit to enforce or require performance of the terms of this Agreement, and the prevailing party in such suit or proceeding shall be entitled to recover from the other party's reasonable costs and expenses,including attorneys' fees. j. Esto�el Certificate. Developer may deliver written notice to the City requesting that the City execute and return an estoppel certificate (the `Bstoppel Certificate") which has been requested by a prospective or current lender, investor or purchaser. The Estoppel Certificate shall contain a certification by City that to the City's current actual knowledge: (i) this Agreement is in full force and effect (ii) this Agreement has not been amended or modified or, if so amended, an identification of the amendments or modifications; and (iii) no default in the performance of the Developer's obligations under the Agreement or, if the City asserts that Developer is in Default, a brief explanation of the nature of the alleged default. The City shall provide a signed certificate to the requesting Party within forty five (45) days after receipt of the request. The City Manager shall be authorized to sign Estoppel Certificates on behalf of City without further action by the City. [Signature Page FollowsJ ATTY/AGR/2013.040/ELAN (145 MONROE)LANDSCAPE MAINTENANCE AGREEMENT REV:03-28-13 VR Page 7 of 8