SR 05:331 - Laserfiche WebLink

pursuant to Streets and HighW'ays code section 36670, the City may also terminate this Agreement by mailing a notice in -writing to the Corporation, giving the Corporation sixty (60) days' notice of the City's intent to so terminate. The termination shall be effective on the 61 st day after providing such notice. This Agreement shall then be deemed terminated, and no further funding shall be allocated by the City to the Corporation. D. Attomeys Fees. If the services of any attomey are required by any party to secure the performance of this Agreement, or other-wise upon the breach or default of either party, or if any judicial remedy or arbitration is necessary to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to reasonable attomey fees, costs and other expenses, in addition to any other relief to W'hich such party may be entitled. It is understood that for purposes of calculating reasonable attomey fees for the City, that the City Attomey's billing rates shall be calculated at the prevailing rate. E. Goveming LaW'. This Agreement and the legal relations betW'een the parties shall be govemed by and construed in accordance W'ith the laW's of the State ofCalifomia. F. Waiver. The W'aiver by any party to this Agreement of breach of any provision of this Agreement shall not be deemed a continuing W'aiver or a W'aiver of any subsequent breach of that or any other provision of this Agreement. G. Entire Agreement. This document, including the Resolution and the Ordinance, contains the entire Agreement betW'een the parties and supercedes W'hatever oral or -written understanding they may have had prior to the execution of this Agreement. H. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by laW'. I. Counterpart. This agreement may be executed in one or more counterparts, each of W'hich shall be deemed an original, and W'ill become effective and binding upon the parties at such time as all of the signatories hereto have signed a counterpart of this Agreement. All counterparts so executed shall constitute one Agreement binding on all of the parties hereto, notW'ithstanding that all of the parties are not signatory to the same counterpart. Page 7 of8