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Consultant's services under this Agreement. If such an interest occurs, Consultant will <br />immediately notify the City. <br />21. Waiver. In the event either City or Consultant at any time waive any breach of this <br />Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding <br />breach of this Agreement, whether of the same or of any other covenant, condition or obligation. <br />22. Governing Law. California law shall govern any legal action pursuant to this <br />Agreement with venue in the applicable court or forum for Alameda County. <br />23. Attorney's Fees. The prevailing party in any action brought to enforce or construe <br />the terms of this Agreement may recover from the other party its reasonable costs and attorney's <br />fees expended in connection with such an action. <br />24. No Personal Liability. No official or employee of City shall be personally liable to <br />Consultant in the event of any default or'breach by the City or for any amount due Consultant. <br />25. Counterparts and Electronic Signatures. This Agreement may be executed in <br />multiple counterparts, each of which shall be an original and all of which together shall <br />constitute one agreement. Counterparts may be delivered via facsimile, electronic mail <br />(including pdf or any electronic signature complying with U.S. federal E -Sign Act of 2000 (15 <br />U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code <br />§ 163 3. 1 et seq.), or other applicable law) or other transmission method, and any counterpart so <br />delivered shall be deemed to have been duly and validly delivered and be valid and effective for <br />all purposes. With respect to signatures delivered via facsimile or electronically, Consultant <br />shall deliver its original wet ink signature to the City within thirty (30) days following <br />Consultant's original delivery via facsimile, electronic mail or other transmission method, <br />provided that failure to deliver such original ink signature shall not affect the validity of the <br />electronic signatures that were delivered. <br />26. Scope of Agreement. This writing constitutes the entire Agreement between the <br />parties. Any modification to the Agreement shall be in writing and signed by both parties. <br />Page 6 of 7 <br />