Agmt 2004 SLTMO - Laserfiche WebLink

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of this Agreement, SLTMO acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. SLTMO shall require its consultants and contractors to indemnify both the City and Agency, and to require its consultants and contractors to name the City and Agency as additional insureds on any insurance coverage that SLTMO requires. SECTION 8. Collection of the Assessment. The City's Finance Director will coordinate the annual levy, placement and collection of all assessments for the BID. The Finance Director shall effect the timely collection of the annual assessment; provide general assistance, clarification, or information to the SLTMO, the assessed parties and the public at large; maintain a continual liaison with the SLTMO, including the coordination of services from various City and Agency departments; authorize supplemental. assessments, adjusted assessments, exemptions, reductions or refunds to be issued by the City; and, direct the disbursement of assessment funds to be made to the SLTMO. SECTION 9. Disbursements to the SLTMO. The annual BID assessments will be transmitted from the City to the SLTMO. Based upon the annual levies as described in the Ordinance establishing the BID, the City shall disburse to the SLTMO the actual revenue received, excepting that the City will withhold its actual administrative costs for collecting, accounting for, and disbursing, the assessments. The City agrees to pay the SLTMO the amount due the SLTMO in a timely fashion. The payments shall be made as the City receives payment of the assessments. SECTION 10. Amendment of the Agreement. This Agreement can be amended only in writing, signed by both parties. The parties will meet as needed to determine whether any amendments are necessary. SECTION 1 L Time of the Essence. Time is of the essence in this Agreement. SECTION 12. Counterparts. This Agreement maybe executed in one or more counterparts. Each shall be deemed an original and all, taken together, shall constitute one and the same instrument. SECTION 13. Waivers. No waiver or any breach of covenant or provision. in this Agreement shall be deemed a waiver of any other covenant or provision in this Agreement and no waiver shall be valid unless in writing and executed by the waiving party, SECTION 14. Construction. Headings at the beginning of each section and subsection are solely for the convenience of the parties and are not a part of nor should they be used to interpret this Agreement. The singular form shall include plural, and vice versa. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached to it and incorporated in it by this reference. SECTION 15. Governini g Law. This Agreement shall be governed and construed in accordance with California law. 4