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Agmt 2008 Eden Council for Hope and Opportunity ECHO Housing
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Agmt 2008 Eden Council for Hope and Opportunity ECHO Housing
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6/24/2008 10:13:57 AM
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6/24/2008 9:12:25 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/1/2008
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_CC Agenda 2008 0616
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2008\Packet 2008 0616
Reso 2008-064
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2008
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8.6 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly <br />declared to be exclusive in this contract, the rights and remedies of the parties are cumulative and the exercise by <br />either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different <br />times, of any other rights or remedies for the same default or any other default by the other party. <br />8.7 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law <br />or in equity, to cure, correct or remedy any default, to recover damages for any default, to complete specific <br />performance of this contract, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with <br />the purposes of the contract. <br />8.8 Attorneys' Fees. If either party to this contract is required to initiate or defend or made a party to <br />any action or proceeding in any way connected with this contract, the prevailing party in such action or proceeding, <br />in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable <br />attorney's fees. Attorney fees shall include attorney's fees on any appeal, and in addition a party entitled to <br />attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and <br />discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be <br />deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is <br />prosecuted to judgment. <br />9.0 CITY OFFICERS AND EMPLOYEES <br />9.1 Non-liability of City Officers and Employees. -No officer or employee of the City shall be <br />personally liable to the Subrecipient, or any successor in interest, in the event of any default or breach by the City or <br />for any amount that may become due to the Subrecipient or to its successor, or for breach of any obligation of the <br />terms of this contract. <br />9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or <br />indirect, in this contract nor shall any such officer or employee participate in any decision relating to the contract <br />which affects his/her financial interest or the financial interest of any corporation, partnership or association in which <br />s/he is, directly or indirectly, interested, in violation of any State statute or regulation. The Subrecipient warrants that <br />it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this <br />contract. <br />10.0 MISCELLANEOUS PROVISIONS <br />10.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party <br />desires or is required to give to the other party or any other person shall be in writing and either served personally or <br />sent by prepaid first-class mail <br />To the City: City of San Leandro <br />835 E. 14th Street <br />San Leandro, California 94577 <br />Attention: Housing/CDBG Manager <br />To the Subrecipient: Eden Council for Hope and Opportunity (ECHO) <br />770 A Street <br />Hayward, CA 94541 <br />Attention: Executive Director <br />at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed <br />communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as <br />-11- <br />Agreement for ECHO Fair Housing Services, FY 2008-09 <br />G.•ICOMMUNITYDEVELOPMEN7IHOUSING SERVICES DIVISIOMCDBGISUBRECIPIENTSIECHOIFY08-091Fair HousinglFY08-09 ECHO CDBG Subrecipient <br />Agreement -Fair Housing Counseling.doc <br />
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