Laserfiche WebLink
Section 14 Binding Effect. <br />14.01 A waiver or indulgence by the City of a breach of any provision of this <br />Agreement by the Consultant shall not operate or be construed as a waiver of any <br />subsequent breach by the Consultant. <br />14.02 All agreements contained herein are severable and in the event any of them shall <br />be held to be invalid by any competent court, this Agreement shall be interpreted <br />as if such invalid agreements or covenants were not contained herein, and the <br />remaining provisions of this Agreement shall not be affected by such <br />determination and shall remain in full force and effect. This Agreement shall not <br />fail because any part or any clause hereof shall be held indefinite or invalid. <br />14.03 Each party hereto represents and warrants that this Agreement has been duly <br />authorized and executed by it and constitutes its valid and binding agreement, <br />and that any governmental approvals necessary for the performance of this <br />Agreement have been obtained. <br />Section 15 Arbitration. <br />15.01 Any controversy, claim or dispute arising out of or relating to this Agreement <br />may be settled by non - binding arbitration in Irvine, California. <br />15.02 Such arbitration shall be conducted in accordance with the then prevailing <br />commercial arbitration rules of JAMS /Endispute ( "JAMS "), with the following <br />exceptions if in conflict: (a) one arbitrator shall be chosen by JAMS; (b) each <br />party to the arbitration will pay its pro rata share of the expenses and fees of the <br />arbitrator, together with other expenses of the arbitration incurred or approved by <br />the arbitrator; and (c) arbitration may proceed in the absence of any party if <br />written notice (pursuant to the JAMS rules and regulations) of the proceedings <br />has been given to such party. <br />15.03 Each party shall bear its own attorneys fees and expenses. <br />15.04 All such controversies, claims or disputes may be settled in this manner in lieu of <br />any action at law or equity; provided, however, that nothing in this Section shall <br />be construed as precluding the bringing of an action for injunctive or other <br />equitable relief. <br />15.05 The arbitrator shall not have the right to award punitive damages or speculative <br />damages to either party and shall not have the power to amend this Agreement. <br />The arbitrator shall be required to follow applicable law. <br />15.06 EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY <br />APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO <br />TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY <br />ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR <br />RELATING TO THIS AGREEMENT OR ANY OTHER MATTER <br />INVOLVING THE PARTIES HERETO. <br />CITY OF SANTA ANA /FIELDMAN, ROLAPP & ASSOCIATES Page 5 <br />FRA Project No. 14123 <br />00087124 <br />