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072309
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072309
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Agenda
Date
7/23/2009
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(f such records. Consultant will retain such financial records, time sheets, <br />work progress reports, invoices; bills, and project records for at least three <br />years after termination or final,payment under this Agreement. <br />19. WAIVER; REMEDIES CUMULATIVE: VENUE <br />a. Failure by a party to insist upon the strict performance of any of the <br />provisions of this Agreement by the other party, irrespective of the <br />length of time for which such failure continues, shall not constitute a <br />waiver of such party's right to demand strict compliance by such <br />other party in the future. No waiver by a party of a default or <br />breach of. the other party shall be effective or binding upon such, <br />party unless madein writing by suchparty and no such waiver shall <br />be implied from any omissions by a party to take any action with <br />respect to such default or breach. No express written waiver of a <br />specified default or breach shall affect any other default or breach, <br />or cover any other period of time, other than any default or breach <br />and/or period of time specified. <br />b. All of the remedies permitted or available to a party under this <br />Agreement, or at law or in equity, shall be cumulative and <br />alternative, and invocation of any such right or remedy shall not <br />constitute a waiver or election of remedies with respect to any other <br />permitted or available right or remedy. <br />c. In the event legal action shall be necessary to enforce any term, <br />covenant or condition herein contained, the party prevailing in such <br />action, whether reduced to judgment or not, shall be entitled to its <br />reasonable and actual attorneys' fees and court costs, including <br />any accountants' fees, incurred in such action. The venue for any <br />litigation shall be Ventura County, California and' Consultant hereby <br />consents to personal jurisdiction there for purposes of any action to <br />enforce or interpret this Agreement. <br />20. CONFLICT OF INTEREST <br />Consultant warrants that no District employee or official has a financial <br />interest in Consultant's business. During the term of this Agreement <br />and/or as a result of being awarded this contract, the Consultant shall not <br />offer any financial interest in Consultant's business to any District <br />employee or official or encourage any District employee or official to <br />acquire such an interest. <br />0 <br />
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