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RAILWORKS TRACK SERVICES, INC.
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RAILWORKS TRACK SERVICES, INC.
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Last modified
8/19/2024 2:17:54 PM
Creation date
3/8/2024 12:02:29 PM
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Contracts
Company Name
RAILWORKS TRACK SERVICES, INC.
Contract #
A-2024-019
Agency
Public Works
Council Approval Date
2/20/2024
Expiration Date
6/30/2024
Insurance Exp Date
4/1/2024
Notes
SEE NOTICE OF COMPLIANCE FOR INSURANCE INFO.
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representation, warranty or any other provision hereof must be in writing and signed by each party <br />whose interests are adversely affected by such waiver, No waiver granted in any one instance shall <br />be construed as a continuing waiver applicable in any other instance. <br />d. If any legal action or other proceeding is brought for the enforcement hereof, or <br />because of an alleged dispute, breach, default or misrepresentation in connection with any <br />provisions hereof, the successful or prevailing party or parties shall be entitled to recover attorneys' <br />fees, court costs and all expenses even if not taxable as court costs (including, without limitation, <br />all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in <br />addition to any other relief to which such party or parties may be entitled. <br />e. The parties hereby agree that each party and its attorneys have reviewed and revised <br />this Lease and that the normal rule of construction, to the effect that any ambiguities are resolved <br />against the drafting party, shall not be employed in the interpretation of this Lease and no other <br />rule of strict construction shall be used against any party. All exhibits and schedules attached or <br />to be attached hereto, and all other agreements and instruments referred to herein, are hereby <br />incorporated herein by reference, as fully as if copied herein verbatim, <br />f This Lease shall be governed by the internal laws of the State of California without <br />regard to and excluding its principles of conflicts of laws. <br />g. The parties further agree that upon request, they shall do such further acts and <br />deeds, and shall execute, acknowledge, deliver and record such other documents and instruments, <br />as may be reasonably necessary from time to time to evidence, confirm or carry out tine intent and <br />purposes of this Lease. <br />h. Unless the context in which used clearly requires another construction, throughout <br />this Lease, the masculine gender shall be deemed to include the neuter of feminine or both, the <br />neuter gender shall include the masculine or both, and the singular of terms shall include the plural <br />and vice versa. The section headings are for convenience only and shall not affect the construction <br />hereof <br />i. If any one or more of the provisions hereof shall for any reason be held invalid, <br />illegal or unenforceable in any respect, such invalidity, illegality or unenforecability shall not <br />affect the validity or enforceability of any other provision hereof, which shall be construed as if <br />such invalid, illegal or unenforceable provision had never been contained herein. The parties intend <br />that if any provision hereof is capable of two constructions, one of which would render the <br />provision void and the other of which would render the provision valid, then the provision shall <br />have the meaning which renders it valid. <br />j. Time is of the essence in the performance of each party's respective obligations. <br />k. This Lease may be executed simultaneously in one or more counterparts, each of <br />which shall be deemed an original, but all of which taken together shall constitute one in the same <br />instrument, and it shall not be necessary that any single counterpart bear the signatures of all <br />parties. <br />10 <br />
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