RES 81221 - Laserfiche WebLink

IV. Successful completion of this project depends on the cooperative effort of the City and the Contractor. The Contractor is therefore dependent on representatives of the City for the acquisition of data required for the completion of some of the tasks as described in this contract. Contractor will use his best efforts to assure the timely completion of quality work. Contractor is not responsible for the schedule, compliance or the content of work which is performed by or within the control of the City or by individuals not within Contractor's employ. Time is of the essence. Time for performance may be extended by the City in the event of any delay caused by unforeseen events beyond the control of the Contractor, but Contractor shall not be entitled to damages or additional payment due to delays. Contractor shall not be authorized or required to incur any additional costs due to delays caused by the City, involved agencies, other contractors, or other partici- pants in the performance of this project, if any. VI. The relationship of Contractor to City is one of an Independent Contractor and neither party to this Agreement, nor any employee of either party to this Agreement, shall for any purpose become or be treated as a partner, investor, agent, employee, or fiduciary of the other party. VII. In the performance of this Agreement, Contractor shall abide by and conform to any and all laws of the United States, the State of California, and the City of Pleasanton. Any contro- versy between the parties involving the construction or application of any of the terms or conditions of this Agreement shall be decided pursuant to the laws of the State of California; and any controversy between the parties shall, on written request of one party served on the other, be submitted to arbitration in accordance with the provisions and procedures of the American Arbitration Association. Any litigation -6-