Reso 2011-1782 - Laserfiche WebLink

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30. Al\1ENDl\1ENT. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. 31. CONFLICTING PROVISIONS. The terms and conditions of this Agreement shall prevail over any contrary or inconsistent terms in any other document, including but not limited to Attachment "A" which is attached hereto. 32. CONTINGENT ON APPROPRIATION OF FUNDS: The expenditure or advance of any money or the performance of any obligation of the City under this Agreement shall be contingent upon an appropriation for its specific purpose by the City Commission. In recognizing that the City can only receive budget approval for one (1) fiscal year at a time, non- appropriation shall be a legitimate reason to release the City from its performance/payments obligations upon thirty (30) days' written notice to Consultant. 33. MISCELLANEOUS. A. In the event any prOVIsIOn of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. [Remainder of this page intentionally left blank] Page 10 of II ;.... ~' C I 0 11-066 Calvin, Giordano & Associates, Inc. Project Management Agreement for the Pier