2023/11/01 Council Agenda Packet

General Provisions - 7 27. No Personal Liability. No officer, agent or employee of the City shall be personally responsible for any liability arising under this Contract, whether expressed or implied, nor for any statement or representation made or in any connection with this Contract. 28. Negotiated Contract: The parties acknowledge that this is a negotiated Contract, that they have had the opportunity to have this Contract reviewed by respective legal counsel, and those terms and conditions are not construed against any party on the basis of such party's draftsmanship thereof. 29. Remedies Cumulative: Unless specifically provided otherwise in the Contract Documents, rights under this Contract are cumulative and nonexclusive of any other remedy at law or in equity. 30. Conflict of Provisions. In the event of conflict between the Contract Documents and applicable laws, codes, ordinances or regulations, the most stringent or legally binding requirement shall govern and be considered a part of this Contract to afford City the maximum benefit, unless an authorized City representative provides otherwise in writing. 31. Publicity. No news release, advertisement, promotional material, tour, or demonstration related to the City’s use of the Contractor’s services performed pursuant to this Contract shall be produced, distributed, or take place, without the prior, specific written approval of the City’s Project Manager or designee 32. Signature/Counterparts. This Contract and any amendment thereto may be signed in counterparts, each of which shall be deemed an original, and all of which, taken together, shall be deemed one and the same document. AdobeSign signatures are fully binding. Any ink, electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Contract or any amendment hereto will be deemed an original signature and will be fully enforceable as an original signature. END OF GENERAL PROVISIONS