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Climatec_Installation_Agreement 12102020
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Climatec_Installation_Agreement 12102020
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5/26/2021 10:36:22 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
12/10/2020
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City of San Leandro <br />Installation Agreement <br />Page 8 of 9 <br /> <br />Climatec LLC Not an Agent. Except as City may specify in writing, Climatec LLC shall have no authority, express <br />or implied, to act on behalf of City in any capacity whatsoever as an agent. Climatec LLC shall have no authority, <br />express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. <br />28. OCCUPATIONAL SAFETY AND HEALTH. The Parties hereto agree to notify each other immediately <br />upon becoming aware of any alleged violation of, the Occupational Safety and Health Act (OSHA) relating in <br />any way to the project or project site. <br /> <br />29. ENTIRE AGREEMENT. This agreement, upon acceptance, shall constitute the entire agreement between the <br />parties and supersedes any prior representations or understandings. <br /> <br />30. CHANGES. No change or modification of any of the terms and conditions stated herein shall be binding upon <br />Climatec LLC unless accepted by Climatec LLC in writing. <br /> <br />31. 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 />32. 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 /> <br />33. ASSIGNMENT. Climatec LLC retains the right to assign its rights and obligations of this agreement with <br />written consent of Purchaser. <br /> <br />34. SUCCESSORS AND ASSIGNS. The provisions of this Agreement shall inure to the benefit of and shall apply <br />to and bind the successors and assigns of the Parties. <br /> <br />35. CONFLICT OF INTEREST. Climatec LLC may serve other clients, but none whose activities within the <br />corporate limits of City or whose business, regardless of location, would place Climatec 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 seq. <br /> <br />Climatec 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 <br />Government Code Section 1090 et seq. <br /> <br />Climatec 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 Climatec LLC was an employee, agent, appointee, or official of the City in <br />the previous 12 months, Climatec LLC warrants that it did not participate in any manner in the forming of this <br />Agreement. Climatec LLC understands that, if this Agreement is made in violation of California Government <br />Code Section 1090 et seq., the entire Agreement is void and Climatec LLC will not be entitled to any compensation <br />for services performed pursuant to this Agreement, including reimbursement of expenses, and Climatec LLC will <br />be required to reimburse the City for any sums paid to the Climatec LLC. Climatec 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 seq., and, if applicable, will be disqualified from holding public office in the State of <br />California. <br /> <br />36. ACKNOWLEDGMENT. Both Climatec 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 /> <br />DocuSign Envelope ID: 1DDC1773-ED91-404B-97DD-AC3EFDBAD0DD
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