RES 84309 - Laserfiche WebLink

ARTICLE A-17. SUCCESSORS AND ASSIGNS This Contract and all of its provisions shall apply to and bind the successors and assigns of the parties hereto. No assignment or transfer of this Contract or any part hereof, rights hereunder, or interest heroin by the Grantee shall be valid unless and until it is approved by the State and made subject to such reasonable terms and conditions as the State may impose. ARTICLE A-18. INDEP~IFtCATION - STATE TO BE HELD HARMLFSS The Grantee agrees to indenmify the State of California, Department of Water Resources, and its officers, agents, and employees against and to hold the same free and harmless from any and all claims, denmnds, losses, costs, expenses, or liability due or incident to, either in whole or in part and whether directly or indirectly, the design, construction, operation, repair, maintenance, existence, or failure of the Project, or of any of its works or facilities. ARTICLE A-19. REMEDIES NOT EX(~USIVE The use by either party of any remedy specified herein for the enforce- ment of this Contract is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other provided by law. ARTICLE A-20. OPINIONS AND DETERMINATIONS W~ere the terms of this Contract provide for action to be based upon the opinion, Judgement, approval, review,.or determination of either party hereto, such terms are not intended to be and shall never be construed as per- mittinS such opinion, Judgement, approval, review, or determination to be arbi- trary, capricious, or unreasonable. ARTICLE A-21. WAIVER OF RIGHTS It is the intention of the parties hereto that, from time to tim, either party may waive any of its rights under this Contract unless contrary to law. Any waiver by either party hereto of rights arising in conne:tion with this Contract shall not be deemed to be a ~raiver with respect to any other rights or matters. ARTICLE A-22. SUIT ON CONTRACT Each of the parties hereto may sue and be sued with respect to this Contract. ARTICLE A-23. CLAIMS DISPUTES Any claim the Grantee may have regarding the performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the Director, Department of W~t~r Resources, within thirty (30) calendar days of its accrual. State and Grantee shall then attempt to negotiate a resolution of such claim ~nd pro- cess an amendment to this agreement to implement the terms of any such resolu- tion. 17 Contract B-550~