Agmt 2003 RDA (3) - Laserfiche WebLink

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9. Attorneys' Fees. Each party shall bear its own fees and costs in connection with this Agreement and all matters relating thereto. 10. Waivers. No waiver of any breach of any covenant or provision of 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. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for pertormance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party. 11. Successors. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assignees of the parties to this Agreement. 12. Provisions Not Merged With Deeds. None of the provisions of this Agreement are intended to or shall be merged by any deed transferring title to the Property from City to Agency, and any such deed shall not be deemed to affect or impair the terms, conditions and covenants of this Agreement. 13. Integration. This Agreement, together with the Exhibits attached hereto, contains the entire agreement between the parties, constitutes the entire understanding between the parties with respect to the subject matter of this Agreement, and supersedes all previous or contemporaneous agreements, understandings, representations or statements between the parties respecting the subject matter of this Agreement. 14. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. 15. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. 16. Third Party Rights. Nothing in this Agreement is intended to or shall confer upon any person, other than the parties to this Agreement and their respective successors and assigns, any rights or remedies under this Agreement. 17. Parties Not Co-Venturers. Nothing in this Agreement is intended to or does establish the parties as partners, co-venturers, or principal and agent with one another. 18. Conflicts of Interest. No member, official or employee of either party shall make any decision relating to this Agreement which affects his or her personal interests City-Agency Agreement 2101 Marina Boulevard