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facsimile, communication shall be effective or deenied to have been given twenty-four (24) hours after
<br />the tbne.set forth oil the transmission report issued by the transmitting fausiraile machine, addressed as set
<br />forth above, For purposes of calculating these time frames, weekends, federal, state, County or City
<br />holidays shall be exoluded.
<br />10, E XCLUSIVITY AND
<br />This Agrcorracut represents the complete and oxclusive stademen t between the City and Consul tant
<br />regarding the subject matter heroin, and supersedes any and all oral or written, between
<br />thapgrtics. In the event of tr conflict betwoon, the; tenns of this Agreementand aikyrattachraents, hereto,
<br />the terms of this Agreement shall prevail and wiII serve to fidly supersede existing Agreement. This
<br />Agreement may not be modified except by written instrument signed by the CiTyand by an authorized
<br />representative of Cousulteart. The parties agree that any terni% or conditions of any purchase order or
<br />other instrument that are inconsistent with, or in addition to, the terras or conditions hereof, shall hot bind
<br />or obligate Consultant nor die City, Each party to this Agreement acknowledges that no representations,
<br />inducements, prormsm5 or ' agrecanents, orally or otherwise, have been made by any party, or anyone acting
<br />on belialf of any party, which are not embodied heroin,
<br />11, 6SS2GI{MFN7p
<br />1ousou*;b as this AgToamont is intended to seoure the specialized. saryioos of Consuftan�
<br />Consultant may not assign, transfer, delegate, or suboontract any interest herein without the prior written
<br />consent vY8e City and any m/^b assignment, transfer, delegation orstibcvn8rwotwithout the City's prior
<br />written cmrunot shall be, considered null and void. Nothing iutbio Agreement shall beconstrued to limit
<br />the City's ability to have any off6n services which are the ^v6|ecttv this A8r=u/s4y*rthoun8hyCity
<br />personnel orby other consultants retained hyCity.
<br />12. '11,M0INAXION
<br />This Agtoement /nay botoruduated by (he City with thirty (30 days written notice of termination
<br />tu the Consultant,
<br />u.Asu*ou8ikun^f such payment, the Executive Director may r =Cuum8tauttudu|ivextu
<br />the City all the work product completed uooI such date, and insuch n0000unb work product shall bVthe
<br />property of the City onloss prohibited by law, and Consultant conaents to the City's uss thereof for such
<br />purposes xx fire City deems upponprlute,
<br />6. Payment need not bo made for work that thi}ato meet tbaokondu/i[of performance, xyeuif led in
<br />the Recitals of this Agreement.
<br />13^ NON DISCREWINM0WN
<br />CVuou]twot shall not dio:rizojuuto because uf race, color, crend. Marlon, sox, marital status, sexual
<br />orientation, age, national origin, ancestry, or disability, uodefiuwJ and prohibited by applicable law, iothe
<br />recruitment, oo!ooLbx4traiuiu8' `P,ozmduo,lecmluutioaor other employment related udiviUen
<br />o, any activities under this Agreement Consultant affirms that it is an equal opportunity employer and
<br />shall comply with all applicable federal, state aad local laws and regulations.
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