2002 AGN MAY 07 I14 - Laserfiche WebLink

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3.5.9 Time of Essence. Time is of the essence for each and every provision of this A�reement. 3.5.10 Ciri�'s Right to Emulov Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.S.11 Successors and Assi¢ns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the pnor written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assi� 11Ilent, hypothecation or transfer. 3.5.13 Construction: References: Cantions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, o�cers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the vanous articles and pazaa aphs are for convenience and ease of reference only, and do not define, lirnit, auement, or describe the scope, content, or intent of this Aa eement. 3.5.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or othenvise. 3.5.16 No Third Pam� Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidiri�; Severabiliri�. If any portion of this Agreement is declazed invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shal] continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and wasants that it has not employed nor retained any company or person, other than a bona fide emp]oyee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working m