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8J Consent 2009 0409
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8J Consent 2009 0409
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4/3/2009 10:41:51 AM
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4/3/2009 10:41:50 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
4/6/2009
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_CC Agenda 2009 0406
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 0406
RDA Reso 2009-008
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
Reso 2009-050
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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SECTION 13. Waivers. No waiver or any breach of covenant or provision in this Agreement shall <br />be deemed a waiver of any other covenant or provision in this Agreement and no waiver shall be <br />valid unless in writing and executed by the waiving party. <br />SECTION 14. Construction. Headings at the beginning of each section and subsection are solely <br />for the convenience of the parties and are not a part of nor should they be used to interpret this <br />Agreement. The singular form shall include plural, and vice versa. This Agreement shall not be <br />construed as if it had been prepared by one of the parties, but rather as if both parties have prepared <br />it. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred <br />to in this Agreement are attached to it and incorporated in it by this reference. <br />SECTION 15. Governing Law. This Agreement shall be governed and construed in accordance <br />with California law. <br />SECTION 16. Term and Termination at-will. This Agreement shall expire five (5) years from the <br />date of execution unless the parties agree in writing to extend the Agreement. The City and Agency <br />may terminate this Agreement at any time for any reason, or for no reason at all, upon 30 days <br />written notice to SLTMO. <br />SECTION 17. No Conflicts. SLTMO shall not employ any City official in the work performed <br />pursuant to this Agreement. No officer or employee of City shall have any fmancial interest in this <br />Agreement that would violate California Government Code Sections 1090 et seq. <br />SLTMO understands that, if this Agreement is made in violation of Government Code §1090 et.seq., <br />the entire Agreement is void and SLTMO will not be entitled to any compensation for services <br />performed pursuant to this Agreement, including reimbursement of expenses, and SLTMO will be <br />required to reimburse the City for any sums paid to the SLTMO. SLTMO understands that, in <br />addition to the foregoing, it may be subject to criminal prosecution for a violation of Government <br />Code § 1090 and, if applicable, will be disqualified from holding public office in the State of <br />California. <br />SECTION 18. Notices. Any written notice to SLTMO shall be sent to: <br />Galvan & Associates, Executive Director <br />San Leandro Transportation Management Organization <br />P.O. Box 3101 <br />San Leandro, California 94578 <br />Any written notice to City shall be sent to: <br />Cynthia Battenberg, Business Development Manager <br />City of San Leandro <br />835 East 14th Street <br />San Leandro, California 94577 <br />5 <br />
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