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A-2020-249A <br />force and paid for, the City shall have the right, at the Chys electron, to forthwith terminate tNs <br />Agreemant. Such termination shall not affect Laptops Anyhros's right to be paid for As time and <br />materyb expanded pdpr to notiflsatlon of tarminetian, Laptops Anytime"pres the right to receive <br />compensation and agreee to Indemnify the City forany work performed prior to approval orimmanco <br />bytheeity, <br />5.11 rndamni (cation, LeptOl"Anytlme herohy agrees to Indemnity, hold harmless, and <br />defend CRV, hs officers, agents, and employees, against any and all claims, loss, demands, damages, <br />cast, expenses or IWhlliry adeing cut of the services provIded In this Agreement, except for liability <br />arising out of the sale negligence Or WHIM m&mnddct of City, its officers, agents, or employees, <br />in the cost of defense of any lawsuit arising therefrom, in the event City h named as tm <br />defendant, LrptopsMytlme shall notify City of such fact and shall represent City, with counsel <br />approved by CRY, In such legal action unless City undertakes to represent Itself as codefendant In <br />such lair( action, in Whlth avant APtopsAnytime shag pay to City Its litigation costs, expanses and <br />Attorrew fees, <br />5.12 gntlre Agreement. The parties agrees (1) that this Agreement contains the entire agreement <br />hetWeon the Parties With MPact to the maintenance and support of the gfosks and supersedes any <br />and all prior oral or written agreements, emongements, or understandings between the parties <br />relating to the subject matter of this Agfeementi (li) that no oral understandings, statements, <br />promises or Inducemmeal contrary to the terms of this Agreement exist, and no evidence of prior, <br />contemporaneous, or future oral agreements may Ise used to contradict the terms of this Agreement; <br />and (pp that ally reliance an oral agreements or statements In entering Into this Agreement will be <br />unjustifiable and unreasonable. <br />IN WITNESS WHEREOF, the parties idantlfmd below have executed this Agreement as of <br />2020 (the'Effee lve Date], <br />Java Comescdons, 11C City of Santa Ana <br />d/b/a LaptapsAnytimc <br />17364 Preston Road, Stifle g00 Atldress:20 CNlc CenterPlaza, 6antn Alta, CA <br />Dallas'f%Y52S2 52702 <br />ATfESV <br />/ L <br />/J Daloaimez <br />fCou <br />ClerkrkafCouncR <br />APPROVED AS TO FORM; RECOMMENDED FOR APPROVAL: <br />Santa It Carvalho <br />CltyAttofney <br />gy:4LQ11A4. A Rty -L, <br />Laura A. Rossini <br />Acting Chief Assistant City Attorney <br />0il Sternberg <br />Llbmry servlcas Directo r <br />