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BUCHALTER NEMER 1-2012
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BUCHALTER NEMER 1-2012
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Last modified
1/8/2016 9:56:19 AM
Creation date
1/8/2016 9:55:54 AM
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Contracts
Company Name
BUCHALTER NEMER
Contract #
N-2016-001
Agency
PLANNING & BUILDING
Expiration Date
11/1/2016
Destruction Year
2021
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particularly if a dispute were to arise between City and Buchalter regarding City's matter or <br />matters. A condition of this engagement is that City hereby consents to such future consultation <br />occurring and waives any claim of conflict of interest based on such consultation or resulting <br />communications that could otherwise disqualify Buchalter from continuing to represent City, <br />even if doing so might be deemed adverse to City's interests. City acknowledges that such <br />communications are protected by Buchalter's attorney client and work product privileges from <br />disclosure to City and agree that City will not seek to discover or inquire into them. Nothing in <br />the foregoing shall diminish or otherwise affect Buchalter's obligation to keep City informed of <br />material developments in City's representation, including any conclusions arising out of internal <br />firm communications to the extent that such communications affect City's interests. If City <br />should have any questions concerning the consent requested in this paragraph, please feel free to <br />discuss them with us before signing and returning this letter. City is also encouraged to seek <br />independent counsel regarding the import of this consent. Moreover, City remains completely <br />free to seek independent counsel's advice at any time, even if City decides to sign this <br />Agreement and consents to this consultation. City's signing this Agreement confirms that City <br />has waived any conflict regarding such consultation. <br />16. DISPUTE RESOLUTION Attorneys and City agree that, if any dispute arises out of or <br />relating in any way to this Agreement, City's relationship with Attorneys regarding attorneys' <br />fees or costs, or the services performed (including but not limited to disputes and claims of <br />negligence, breach of contract or fiduciary duty, fraud or any claim based upon a tort or statute), <br />such dispute shall be resolved by submission to binding arbitration in Orange County, California, <br />before a retired judge or justice. If Attorneys and City are unable to agree on a retired judge or <br />justice, each party will name one retired judge or justice and the two named persons will select a <br />neutral judge or justice who will act as the sole arbitrator. That binding arbitration will be <br />conducted and resolved pursuant to the Judicial Arbitration and Mediation Service ("JAMS") <br />Streamlined Arbitration Rules & Procedures in effect at the time of any such dispute. Any <br />decision of the arbitrator may be confirmed by a court of competent jurisdiction and the ensuing <br />judgment may thereafter be enforced in the same manner as a judgment in a civil action. The <br />ensuing judgment may also be appealed pursuant to California Code of Civil Procedure section <br />1294.2. <br />17. DISCRIMINATION Attorneys shall not discriminate because of race, color, creed, <br />religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as <br />defined and prohibited by applicable law, in the recruitment, selection, training, utilization, <br />promotion, termination or other employment related activities. Attorneys affirm that it is an <br />equal opportunity employer and shall comply with all applicable federal, state and local laws and <br />regulations. <br />18. JURISDICTION — VENUE This Agreement has been executed and delivered in the <br />State of California and the validity, interpretation, performance, and enforcement of any of the <br />clauses of this Agreement shall be determined and governed by the laws of the State of <br />California. Both parties further agree that Orange County, California, shall be the venue for any <br />action or proceeding that may be brought or arise out of, in connection with or by reason of this <br />Agreement. <br />W <br />
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