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Licensee: City of San Leandro <br />835 East 14th Street <br />San Leandro, CA 94577-3767 <br />Attn: <br />Either party may change its address by giving notice of such change to the other <br />parry in the manner provided in this Section. All notices and other communications shall <br />be deemed communicated as of actual receipt or after the second day after deposit in the <br />United States Mail. <br />23. Integration. This Agreement contains all of the agreements and <br />understandings of the Parties with respect to any matter mentioned in this Agreement, <br />and supersedes and terminates all prior and contemporaneous agreements between <br />Licensor and Licensee with respect to the matters covered in this Agreement. <br />24. Counterparts. This Agreement may be executed in one or more <br />counterparts, each of which shall be deemed an original, but all of which together shall <br />constitute one and the same instrument. <br />25. Default and Remedies. An event of default ("Event of Default") shall <br />arise hereunder if Licensee defaults in the performance of any term, provision, covenant <br />or agreement set forth in this Agreement, and (unless such provision specifies a shorter <br />cure period for such default) the default continues for thirty (30) days after the date upon <br />which Licensor shall have given written notice of the default to Licensee. If Licensee <br />fails to cure the default within the foregoing time period, or if a cure is not possible, <br />Licensor may proceed with any of the following remedies: <br />A. Terminate this Agreement; <br />B. Bring an action for equitable relief seeking the specific performance <br />of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing <br />any violation of such terms and conditions, and/or seeking declaratory relief; or <br />C. Pursue any other remedy allowed at law or in equity. <br />Each of the remedies provided herein is cumulative and not exclusive of, and shall not <br />prejudice any other remedy provided herein or under applicable law. No officer, <br />employee or agent of Licensor shall be personally liable to Licensee, or any successor in <br />interest, in the event of any default or breach by Licensor, or for any amount of money <br />which may become due to Licensee or its successor or for any obligation of Licensor <br />under this Agreement. <br />26. Construction and Interpretation. It is agreed and acknowledged by <br />Licensee that the provisions of this Agreement have been arrived at through negotiation, <br />and that Licensee has had a full and fair opportunity to revise the provisions of this <br />Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal <br />5089122.3 6 <br />