06 - Laserfiche WebLink

purposes intended. If any defects occur within said 12 months following acceptance, Contractor shall be solely responsible for the correction of those defects. 13. Acceptance of Final Payment Constitutes Release. The acceptance by Contractor of the final payment made under this Agreement for Maintenance Services shall operate as and be a release of the City from all claims and liabilities for compensation to Contractor anything done, furnished, or relating to Contractor's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten(10)calendar days o f the receipt of that check. However, approval or payment by the City shall not constitute,nor be deemed, a release of the responsibility and liability of Contractor, its employees, subcontractors, agents and Contractors for the accuracy and competency of the information provided and/or work performed;nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by Contractor, its employees, subcontractors, agents and Contractors. 14. Waiver.Remedies Cumulative. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party,irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative,and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy. 15. Conflict of Interest. Contractor is unaware of any City employee or official that has a financial interest in Contractor's business. During the term of this Agreement and/or as a result of being awarded this contract, the Contractor shall not offer, encourage or accept any financial interest in Contractor's business by any City employee or official. If a portion of Contractor's services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within the City or with a City franchisee,the Contractor warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate,offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement. 16. Labor Code/Prevailing Wanes.. To the extent applicable, Contractor shall comply with the requirements of the California Labor Code including but not limited to hours of Traffic Signal Maintenance Contract Page 4 of 6 Attachment 2-Maintenance Agreement