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City of San Leandro
<br />Installation Agreement
<br />Page 6 of 10
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<br />any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to
<br />the foregoing, Climatec LLC and any subcontractors shall obtain and maintain during the term of this Agreement
<br />valid Business Licenses from Purchaser.
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<br />19. NONDISCRIMINATION AND EQUAL OPPORTUNITY. Climatec LLC shall not discriminate, on the
<br />basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical
<br />condition, marital status, sex, or sexual orientation, against any employee, applicant for employment,
<br />subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs
<br />provided by Climatec LLC under this Agreement. Climatec LLC shall comply with all applicable federal, state,
<br />and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in
<br />employment, contracting, and the provision of any services that are the subject of this Agreement, including but
<br />not limited to the satisfaction of any positive obligations required of Climatec LLC thereby.
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<br />20. TERMINATION. Purchaser may cancel this Agreement at any time and without cause upon written
<br />notification to Climatec LLC. Climatec LLC may cancel this Agreement upon 30-days’ written notice to Purchaser
<br />and shall include in such notice the reasons for cancellation. In the event of termination, Climatec LLC shall be
<br />entitled to compensation for undisputed services performed to the effective date of termination; Purchaser,
<br />however, may condition payment of such compensation upon Climatec LLC delivering to Purchaser any or all
<br />documents, photographs, computer software, video and audio tapes, and other materials provided to Climatec
<br />LLC or prepared by or for Climatec LLC or the Purchaser in connection with this Agreement.
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<br />21. AMENDMENTS. The Parties may amend this Agreement only by a writing signed by all the Parties.
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<br />22. OPTIONS UPON BREACH BY CLIMATEC LLC. If Climatec LLC materially breaches any of the terms
<br />of this Agreement, and, after a reasonable opportunity to cure such breach does not result in an acceptable cure,
<br />the Purchaser’s remedies shall include, but are not limited to, the following:
<br />a. Immediately terminate the Agreement;
<br />b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by
<br />Climatec LLC pursuant to this Agreement;
<br />c. Retain a different contractor to complete the work described in Exhibit A not finished by Climatec LLC; or
<br />d. Charge Climatec LLC the difference between the costs to complete the work described in Attachment A that is
<br />unfinished at the time of breach and the amount that Purchaser would have paid Climatec LLC pursuant
<br />to Section 2 if Climatec LLC had completed the work.
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<br />23. KEEPING AND STATUS OF RECORDS.
<br /> 23.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies,
<br />surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or
<br />materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement
<br />and that relate to the matters covered hereunder shall be the property of the Purchaser. Climatec LLC
<br />hereby agrees to deliver those documents to the Purchaser upon termination of the Agreement. It is
<br />understood and agreed that the documents and other materials, including but not limited to those
<br />described above, prepared pursuant to this Agreement are prepared specifically for the Purchaser and are
<br />not necessarily suitable for any future or other use. Purchaser and Climatec LLC agree that, until final
<br />approval by Purchaser, all data, plans, specifications, reports and other documents are confidential and
<br />will not be released to third parties without prior written consent of both Parties.
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<br />23.2 Consultant’s Books and Records. Climatec LLC shall maintain any and all ledgers, books of account,
<br />invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for
<br />services or expenditures and disbursements charged to Purchaser under this Agreement for a minimum
<br />of 3 years, or for any longer period required by law, from the date of final payment to Climatec LLC under
<br />this Agreement.
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<br />23.3 Inspection and Audit of Records. Any records or documents that Subsection 23 of this Agreement
<br />requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time
<br />during regular business hours, upon oral or written request of the Purchaser. Under California
<br />Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds
<br />DocuSign Envelope ID: 64BB0189-33AC-48E9-B1D7-D912FB4998D8
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