AR 051507 AGRMT Fencing by Acrey $16,250

Browse Search

3.34 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: CITY City of Colton 650 North La Cadena Drive Colton, CA 92324 Attn: Daryl Parrish CONTRACTOR Fencing by Acrey 18440 Van Buren Avenue Riverside, CA 92508 Attn: Diane R. Night Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail as stated above and addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.35 Entire Contract, Modification. This Contract contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both parties. 3.36 Time of Essence. Time is of the essence in the performance of this Contract. 3.37 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee. 3.38 Governing Law. This Contract shall be governed by the laws of the State of California. 3.39 Counter2arts. This Contract may be executed in counterparts, each of which shall constitute an original. 3.40 Successors. The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. 3.41 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action. 14 (BB&K: revised July 2, 2001)