Agmt 2013 San Leandro Improvement Association

Home

21. Remedies and Sanctions. In addition to the rights and remedies otherwise available to the City under this Agreement and under federal, state and local law, SLIA understands and agrees that, if the City reasonably determines that SLIA has failed to make a good faith effort to avoid an improper conflict of interest situation or is responsible for the conflict situation, the City may (1) suspend payments under this Agreement, (2) terminate this Agreement, (3) require reimbursement by SLIA to the City of any amounts disbursed under this Agreement. In addition, the City may suspend payments or terminate this Agreement whether or not SLIA is responsible for the conflict of interest situation. 22. Assignment. SLIA shall not assign or otherwise transfer any rights, duties, obligations or interest in this Agreement or arising hereunder to any person, persons, consultant or sub- consultant, entity or entities whatsoever without the prior written consent of City and any attempt to assign or transfer without such prior written consent shall be void. Consent to any single assignment or transfer shall not constitute consent to any further assignment or transfer. 23. Time of the Essence. Time is of the essence in the performance of this Agreement. 24. Commencement, Completion and Close Out. It shall be the responsibility of the SLIA to coordinate and schedule the work to be performed so that commencement and completion take place in accordance with the provisions of this Agreement. Any time extension granted to SLIA to enable SLIA to complete the work must be in writing and shall not constitute a waiver of rights the City may have under this Agreement. Should the SLIA not complete the work by the scheduled date or by an extended date, the City shall be released from all of its obligations under this Agreement. 25. Governing Law. This agreement shall be governed by the laws of the State of California. 26. Notices. If either party shall desire or be required to give notice to the other, such notice shall be given in writing, by prepaid U.S. certified or registered postage, addressed to recipient as follows: For the City of San Leandro: City of San Leandro 835 East 14th Street San Leandro, CA 94577 Attn: Office of Business Development For SLIA Lawrence Allphin 155 Parrott Street San Leandro, CA 94577 Attn: Mr. Lawrence Allphin, Interim President 27. Entire Agreement of the Parties. This agreement supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of disbursement duties by SLIA for - 13 -