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17. Waiver; Remedies. A party's failure to insist upon the strict performance of any <br /> provision of this Agreement by the other party "breaching party irrespective of the length <br /> of time for which such failure continues, shall not constitute a waiver of the non breaching <br /> party's right to demand strict compliance in the future. A waiver shall not be effective or <br /> binding unless made in writing by the non breaching party, and may not be implied from <br /> any omissions by the non breaching party. A written waiver shall not constitute a continuing <br /> waiver of any subsequent breach of the same or a different provision of this Agreement. <br /> All of the remedies permitted or available under this Agreement, or at law or in equity, shall <br /> be cumulative and alternative, and the invocation of any such right or remedy shall not <br /> constitute a waiver or election of remedies with respect to any other available right of <br /> remedy. <br /> 18. Notice. Any notice required to be given hereunder shall be deemed to have been <br /> given by depositing said notice in the United States mail, postage prepaid, and addressed <br /> as follows: <br /> TO PARTNERS: Attention: Melinda Sunnarborg GIS Specialist <br /> City Administration Building <br /> City of Livermore <br /> 1052 S. Livermore Avenue <br /> Livermore, California 94550 <br /> TO CONSULTANT: Attention: Bret Hazel! President <br /> 3Di West <br /> 3400 W. 11 th Avenue <br /> Eugene, Oregon 97402 <br /> Either party may change such address or contact person by written notice by <br /> registered mail to the other. <br /> 19. Conflict of Interest. Consultant is unaware of any Partner's employee or official <br /> that has a financial interest in Consultant's business. During the term of this Agreement <br /> and /or as a result of being awarded this Agreement, Consultant shall not offer, encourage, <br /> or accept any financial interest in Consultant's business by any Partners' employee or <br /> official. <br /> If any of the services described in this Agreement are to be paid by reimbursement from <br /> and through an agreement between Partners and a developer or a Partners' franchisee, <br /> Consultant warrants that it has not performed any work for the identified developer or <br /> franchisee within the last 12 months, and shall not negotiate, offer or accept any contract <br /> or request to perform services for that developer or franchisee during the term of this <br /> Agreement. <br /> Professional Services Agreement Page 5 <br /> Rev. 3/2007 <br />