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14. Waiver, Remedies Cumulative. Failure by a party to insist upon the strict performance of <br /> any of the provisions of this Agreement by the other party, irrespective of the length of <br /> time for which such failure continues, shall not constitute a waiver of such party's right to <br /> demand strict compliance by such other party in the future. No waiver by a party of a <br /> default or breach of the other party shall be effective or binding upon such party unless <br /> made in writing by such party, and no such waiver shall be implied from any omissions <br /> by a party to take any action with respect to such default or breach. No express written <br /> waiver of a specified default or breach shall affect any other default or breach, or cover <br /> any other period of time, other than any default or breach and /or period of time specified. <br /> All of the remedies permitted or available to a party under this Agreement, or at law or in <br /> equity, shall be cumulative and alternative, and invocation of any such right or remedy <br /> shall not constitute a waiver or election of remedies with respect to any other permitted or <br /> available right of remedy. <br /> 15. Conflict of Interest. Contractor is unaware of any City employee or official that has a <br /> financial interest in Contractor's business. During the term of this Agreement and /or as a <br /> result of being awarded this contract, the Contractor shall not offer, encourage or accept <br /> any financial interest in Contractor's business by any City employee or official. <br /> If a portion of Contractor's services called for under this Agreement shall ultimately be <br /> paid for by reimbursement from and through an agreement with a developer of any land <br /> within the City or with a City franchisee, the Contractor warrants that it has not <br /> performed any work for such developer /franchisee within the last 12 months, and shall <br /> not negotiate, offer or accept any contract or request to perform services for that <br /> identified developer /franchisee during the term of this Agreement. <br /> 16. Labor Code /Prevailing Wages. Contractor shall comply with the requirements of the California <br /> Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, <br /> apprentices, workers' compensation and prevailing wages. <br /> No less than the general prevailing rate of per diem wages, and not less than the general <br /> prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or <br /> type of worker needed to execute the work under this Agreement shall be paid to all workers, <br /> laborers and mechanics employed in the execution of the work by the Contractor or any <br /> subcontractor doing or contracting to do any part of the work. The appropriate determination of <br /> the Director of the California Department of Industrial Relations shall be filed with, and <br /> available for inspection, at the City offices. Contractor shall post, at each job site, a copy of the <br /> prevailing rate of per diem wages. The Contractor shall forfeit fifty dollars ($50.00) for each <br /> calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for <br /> any public work done under the Agreement by it or by any subcontractor under Contractor. <br /> 17. Construction of Language of Agreement. The provisions of this Agreement shall be construed as <br /> a whole according to its common meaning or purpose of providing a public benefit and not <br /> strictly for or against any party. It shall be construed consistent with the provisions hereof, in <br /> order to achieve the objectives and purposes of the parties. Wherever required by the context, <br /> the singular shall include the plural and vice versa, and the masculine gender shall include the <br /> Street Light Maintenance Contract Contract No. <br /> Agreement for Contract Services Page 4 <br />