JOHNSON CONTROLS 3C-2009 - Laserfiche WebLink

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3. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on November 26, 2007 and terminate on December 31, 2011, unless terminated earlier in accordance with Section 12, below. The City may, at its option, extend the term of said Agreement for up to four additional one -year terms on the terms and conditions set forth herein." 4. The Parties agree that Exhibit A -1, Section 8., subsection O, Resolution of Disputes, shall be amended to read, in full, as follows: "If a dispute arises, the parties shall promptly attempt in good faith to resolve such dispute by negotiations between JCI Project Manager and City Project Manager. In the event any such dispute cannot be resolved accordingly, each party stipulates that any dispute between the parties as to the interpretation of any provision of, or the performance of obligations under this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, or in connection with, or by reason of this Agreement. Each party shall pay its own costs, including attorney's fees, incurred as a result of the dispute." 5. Except at herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Contractor Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA ��`� C T.r ��i� MARIA R. I-IiJIZAR DAVID N. REAM Clerl'c of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney n �� BY4 1 1 i w � r'A.- i` v.'� OQl�7 Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: !- C� . � �� d � FRANCISCO GUTIERRE Executive Director - FMSA JOHNSON CONTROLS ) sue. � � �- (Title) ^�G.lr .�