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Agmt 2010 Eden Council for Hope and Opportunity ECHO Housing (3)
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Agmt 2010 Eden Council for Hope and Opportunity ECHO Housing (3)
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6/24/2010 3:16:10 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/1/2010
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Reso 2010-076
(Approved by)
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\City Clerk\City Council\Resolutions\2010
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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 />provided in this Section. <br />10.2 Interpretation. The terms of this contract shall be construed in accordance with the meaning of the <br />language used and shall not be construed for or against either party by reason of the authorship of this contract or <br />any other rule of construction which might otherwise apply. <br />10.3 Integration; Amendment. It is understood that there are no oral agreements between the parties <br />hereto affecting this contract and this contract supersedes and cancels any and all previous negotiations, <br />arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this <br />contract. This contract may be amended at any time by the mutual consent of the parties by an instrument in <br />writing. <br />10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or <br />sections contained in this contract shall be declared invalid or unenforceable by a valid judgment or decree of a <br />court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, <br />sentences, clauses, paragraphs, or sections of this contract that are hereby declared as severable and shall be <br />interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity <br />deprives either party of the basic benefit of their bargain or renders this contract meaningless. <br />10.5 Corporate Authority. The persons executing this contract on behalf of the parties hereby warrant <br />that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this contract on <br />behalf of said party, (iii) by so executing this contract, such party is formally bound to the provisions of this contract, <br />and, (iv) the entering into this contract does not violate any provision of any other agreement to which said party is <br />bound. <br />-11- <br />CDBG Agreement with ECHO Housing - <br />Fair Housing Services FY10-11 <br />
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