Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 10. EXCLUSIVITY AND AMENDMENT <br /> <br /> This Agreement represents the complete and exclusive statement between the City and <br /> Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event <br /> of a conflict between the terms of this Agreement and any attachments hereto, the terms of this <br /> Agreement shall prevail. This Agreement may not be modified except by written instrument signed by <br /> the City and by an authorized representative of Consultant. The parties agree that any terms or conditions <br /> of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and <br /> conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement <br /> acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have <br /> been made by any party, or anyone acting on behalf of any party, which is not embodied herein. <br /> 11. ASSIGNMENT <br /> <br /> Inasmuch as this Agreement is intended to secure the specialized services of Consultant, <br /> Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written <br /> consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior <br /> written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit <br /> the City's ability to have any of the services which are the subject to this Agreement performed by City <br /> personnel or by other consultants retained by City. <br /> 12. TERMINATION <br /> <br /> This Agreement may be terminated by the City upon thirty (30) days written notice of <br /> termination. hi such event, Consultant shall be entitled to receive and the City shall pay Consultant <br /> compensation for all services performed by Consultant prior to receipt of such notice of termination, subject <br /> to the following conditions: <br /> a. As a condition of such payment, the Executive Director may require Consultant to deliver to the <br /> City all work product completed as of such date, and in such case such work product shall be the property of <br /> the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the <br /> City deems appropriate. <br /> b. Payment need not be made for work which fails to meet the standard of performance specified in <br /> the Recitals of this Agreement. <br /> <br /> 13. DISCRIMINATION <br /> <br /> Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual <br /> orientation age national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. <br /> Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, <br /> state and local laws and regulations. <br /> <br /> 14. JURISDICTION - VENUE <br /> This Agreement has been executed and delivered in the State of California and the validity, <br /> interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined <br /> <br /> <br /> 5 <br />