Laserfiche WebLink
modified except by a written instrument. A waiver of any breach of this Agreement shall only <br />affect this Agreement to the extent of the specific waiver, and all covenants, agreements, terms, <br />and conditions of this Agreement shall continue in full force and effect. <br />12.17 Applicable Law. This Agreement shall be construed and interpreted in accordance <br />with, and shall be governed by, the laws of the State of California and any action brought relating <br />to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. <br />12.18 No Presumption Regarding Drafter. City and Contractor acknowledge and agree <br />that the terms and provisions of this Agreement have been negotiated and discussed between City <br />and Contractor, and that this Agreement reflects their mutual agreement regarding the subject <br />matter of this Agreement. Because of the nature of such negotiations and discussions, it would be <br />inappropriate to deem either City or Contractor to be the drafter of this Agreement, and therefore <br />no presumption for or against the drafter shall be applicable in interpreting or enforcing this <br />Agreement. <br />12.19 Enforceability of Any Provision. If any term, condition, covenant, or obligation <br />of this Agreement shall be determined to be unenforceable, invalid, or void, such determination <br />shall not affect, impair, invalidate, or render unenforceable any other term, condition, covenant, or <br />obligation of this Agreement, and each term and provision of this Agreement shall be valid and <br />enforceable to the fullest extent permitted by law. <br />12.20 Remedies Cumulative. The remedies given to City and Contractor herein shall be <br />cumulative and are given without impairing any other rights given City or Contractor by statute or <br />law now existing or hereafter enacted and the exercise of any one (1) remedy by City or Contractor <br />shall not exclude the exercise of any other remedy. <br />12.21 Discrimination. Contractor agrees not to discriminate against any person or class <br />of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry, national <br />origin, or other prohibited basis in its provisions of Services or hiring of subcontractors or <br />employees. To the extent this Agreement provides that Contractor offers accommodations or <br />services to the public, such accommodations or services shall be offered by Contractor to the public <br />on fair and reasonable terms. <br />12.22 United States Currency. All amounts payable pursuant to this Agreement shall be <br />paid in lawful money of the United States of America. <br />12.23 Counterparts. This Agreement and any amendment may be executed in <br />counterparts, and upon all counterparts being so executed each such counterpart shall be <br />considered as an original of this Agreement or any amendment and all counterparts shall be <br />considered together as one agreement. <br />12.24 Attorneys' Fees. In the event of a dispute involving the non-performance by a <br />party hereto of its obligations under this Agreement, the prevailing party shall be entitled to <br />reasonable attorneys' fees and all other expenses reasonably incurred in connection with such <br />dispute, whether or not litigation is commenced, in addition to all other relief to which the party is <br />-29- <br />