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<br />Non-Professional Services Agreement between January 1, 2023 <br />City of San Leandro and Cummins Inc., dba Cummins Sale and <br />Service Page 14 of 17 <br /> <br />10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this <br />Agreement does not constitute a waiver of any other breach of that term or any other term <br />of this Agreement. <br /> <br />10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of <br />and shall apply to and bind the successors and assigns of the Parties. <br /> <br />10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within <br />the corporate limits of City or whose business, regardless of location, would place <br />Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, <br />codified at California Government Code Section 81000 et seq. <br /> <br />Contractor shall not employ any City official in the work performed pursuant to this <br />Agreement. No officer or employee of City shall have any financial interest in this <br />Agreement that would violate California Government Code Section 1090 et seq. <br /> <br />Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an <br />employee, agent, appointee, or official of the City. If Contractor was an employee, agent, <br />appointee, or official of the City in the previous 12 months, Contractor warrants that it did <br />not participate in any manner in the forming of this Agreement. Contractor understands <br />that, if this Agreement is made in violation of California Government Code Section 1090 et <br />seq., the entire Agreement is void and Contractor will not be entitled to any compensation <br />for services performed pursuant to this Agreement, including reimbursement of expenses, <br />and Contractor will be required to reimburse the City for any sums paid to the Contractor. <br />Contractor understands that, in addition to the foregoing, it may be subject to criminal <br />prosecution for a violation of California Government Code Section 1090 et seq., and, if <br />applicable, will be disqualified from holding public office in the State of California. <br /> <br />10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or <br />interview related to this Agreement, either orally or through any written materials. <br /> <br />10.8 Contract Administration. This Agreement shall be administered by Hayes Morehouse <br />("Contract Administrator"). All correspondence shall be directed to or through the Contract <br />Administrator or his or her designee. <br /> <br />10.9 Notices. Any written notice to Contractor shall be sent to: <br />Cummins Sales and Service <br />14775 Wicks Blvd. <br />San Leandro, CA 94577 <br />legal.function@cummins.com <br /> <br /> <br /> <br /> <br />DocuSign Envelope ID: 80F19DC1-90E9-4DAF-A39A-ABADE0A1D10B