Volunteers of America 11/4/2020 - Laserfiche WebLink

26. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever,such illegality or invalidity shall not affect the validity of the remainder of the Agreement. 27. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing and signed by the City. 28. AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by both parties. 29. SURVIVAL The terms, conditions, and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Agreement shall so survive, including but not limited to, the Hold Harmless and Indemnification and Recapture sections. 30. SUBROGATION In consideration of Agency's receipt of funds from the City, Agency hereby assigns to the City all of its future rights to reimbursement and all payments received from any grant, subsidized loan, or insurance policies of any type or coverage or under any reimbursement or relief program related to or administered by the Federal Emergency Management Agency,the Small Business Administration, or other COVID Relief Assistance provided to the Agency to the extent of proceeds paid to Agency under this Agreement and that are determined in the sole discretion of the City to be a duplication of benefits ("DOB"). Upon receiving any DOB proceeds, Grantee (Agency) agrees to immediately notify the City. If some or all of the proceeds are determined to be a DOB,the portion that is a DOB shall be paid to the City forthwith. 31. COUNTERPARTS/ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, and each such counterpart shall be deemed to be an original. The parties may sign this agreement electronically by scanned signatures or other electronic methods, all of which will have the same effects as an ink signature. 32. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means.Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. - 10-