11-23-2016 Jt Reg Adj Mtg Agn - Laserfiche WebLink

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7 23152.06030\29362493.1 3.7 General Provisions. 3.7.1 Confidential Group Resolution. The terms and provisions of the Confidential Group Resolution, as it now exists or as it may be amended from time to time, is incorporated herein by reference and shall be applicable to Employee. However, this Agreement shall take precedence over the Confidential Group Resolution with respect to any inconsistencies in its interpretation or enforcement. The City reserves the right to unilaterally amend, modify or replace the Confidential Group Resolution at any time, and such amendment, modification or replacement shall thereupon become the terms and conditions of Employee's employment to the extent not inconsistent with this Agreement. 3.7.2 Modification. Any modification of this Agreement will be effective only if it is in writing and signed by both Parties. 3.7.3 Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. 3.7.4 Assignment. Neither this Agreement, nor any right, privilege or obligation of Employee hereunder shall be assigned or transferred by her without the prior written consent of the City Council. Any attempt at assignment or transfer in violation of this provision shall, at the option of the City Council, be null and void and may be considered a material breach of this Agreement. 3.7.5 Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the City and Employee with respect to Employee’s terms of employment. This Agreement contains all of the covenants and agreements between the Parties with respect to Employee’s employment by the City in any manner whatsoever. Each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding on either Party. 3.7.6 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 3.7.7 Law Governing Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue shall be in San Bernardino County. 111111/23/16 Regular Adjourned Council Meeting Agenda