Laserfiche WebLink
any term or condition of this Agreement, the parties shall re -open this Agreement for the limited purpose of re- <br />negotiating such term or condition of the Agreement in an effort to satisfy such financing condition. <br />33. SEVERABILITY. If one or more of the provisions of this agreement are held to be unenforceable under laws, <br />such provision(s) shall be excluded from these terms and conditions and the remaining terms and conditions <br />shall be interpreted as if such provision were so excluded and shall be enforced in accordance to their terms and <br />conditions. <br />34. COUNTERPARTS. This agreement may be executed in multiple counterparts, each of which shall be deemed <br />an original and all of which together shall constitute one and the same instrument. A signature on a copy of this <br />agreement received by either party by facsimile or portable document format (PDF) is binding upon the other <br />party as an original. The parties shall treat a photocopy of such facsimile as a duplicate original. <br />36. ASSIGNMENT. Climates LLC retains the right to assign its rights and obligations of this agreement with <br />written consent of Purchaser. <br />36. SUCCESSORS AND ASSIGNS. The provisions of this Agreement shall inure to the benefit of and shall <br />apply to and bind the successors and assigns of the Parties. <br />37. CONFLICT OF INTEREST. Climates LLC may serve other clients, but none whose activities within die <br />corporate limits of City or whose business, regardless of location, would place Climates LLC in a "conflict of <br />interest," as that term is defined in the Political Reform Act, codified at California Government Code Section <br />81000 et ,req. <br />Climates LLC shall not employ any City official in the work performed pursuant to this Agreement. No officer <br />or employee of City shall have any financial interest in this Agreement that would violate California Govcrnmcnt <br />Code Section 1090 et seq. <br />Clmatec LLC hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, <br />appointee, or official of the City. If Climates LLC was an employee, agent, appointee, or official of the City in <br />the previous 12 months, Clirnatec LLC warrants that it did not participate in any manner in the forming of this <br />Agreement. Climates LLC understands that, if this Agreement is made in violation of California Government <br />Code Section 1090 etseq., the entire Agreement is void and Climates LLC will not be entitled to any compensation <br />for services performed pursuant to this Agreement, including reimbursement of expenses, and Climates LLC will <br />be required to reimburse the City for any sums paid to the Climates LLC. Climates LLC understands that, in <br />addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government <br />Code Section 1090 et req., and, if applicable, will be disqualified from holding public office in the State of <br />California. <br />38. ACKNOWLEDGMENT. Both Climates LLC and the Purchaser acknowledge having read this agreement and <br />all contract documents incorporated herein and have executed this agreement on the date written above. <br />39. APPROVAL. Each party represents that the person that has executed this agreement on it's behalf is authorized <br />to do so. <br />y City of San Leandro <br />CLIMATEC Installation Agreement <br />Page 9 of 10 <br />