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Res 2017-069/approving an agreement with TMT Solutions, Inc. in connection with the Surface Water Treatment Plant and the Wastewater Treatment Plant Supervisory Control and Data Acquisition Systems for the Public Services Department in the total amount of
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Res 2017-069/approving an agreement with TMT Solutions, Inc. in connection with the Surface Water Treatment Plant and the Wastewater Treatment Plant Supervisory Control and Data Acquisition Systems for the Public Services Department in the total amount of
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5/4/2017 2:38:18 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-69
Date
4/18/2017
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nc (oup <br />Assignment and Assumption Agreement <br />This Assignment and Assumption Agreement (the "Agreement"), affective as of( %Ff"O/d (Ilio "Hffacllya Dale <br />Is by and between HECHTMAN ENTERPRISE, INO. dba INDUCTIVE AUTOMATION, a California Incorporation ('Assignee"), and INDUCTIVE <br />AUTOMATION LLC, a California Limited Llablllly Company ("Assignor'). <br />WHEREAS, NCC Group Escrow Associates, LLC ('NCO group°) and Assignee entered into an escrow egreement dated 25th July 2012 and <br />numbered 01012, pursuant to which NCC Group agreed to provide escrow ARNI e$ Ic the parties Urereto ("Escrow Agreement'), <br />WHERFAS, Assignee hes agreed to assign all of Its rights, title and Interests In, and Assignor has agreed to assume all of Ass'ignee's duties <br />and obligations under, the Escrow Agreement, <br />NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions cot forth heroin, and for other good and valuable <br />consideration the receipt and sufficiency of which Bra hereby acknowledged, the parties agree as follows: <br />1. Aulgnmant and Assume,, llz. Assignee horebyaeils, assigns, grants, conveys and transfers to Assignor oil of Assignee's tight, title end <br />Interest In and to the Escrow Agreement, Assignor hereby accepts such assignment and assumes all ofAsslgnee's duties mid obligations under the <br />Escrow Agreement and agrees to pay, perform and discharge, as and when duo, all of tine obligations of Assignee under the Eocrow Agreement <br />acciuing on and after the Effective Date, <br />2, Goyamina Law, This Agreemoai shag bo daamed entered into in California and will be governed by and consUued according to Ilse laws of the <br />MAN of California, excluding ihnt body of law known as conflict or law. <br />a. Cnuntornarts, This Agreement maybe executed In counterparts, each of which shall be daamed an original, but all of which together shall be <br />deemed to be one and the some agreement, A signed copy of this Agreement delivered by facsimile, small or other moons of electronic tranamisslon <br />shat) be doenmd to have the same legal affect as degveryof an original signed copy of tilts Agreement, <br />IN WITNESS WHEREOF, the parties have executed nrls Agreement to be effective as or the date first above written, <br />HECHTMAN ENTERPRISE, INC, ddbaa�INDUCTIVE <br />AUTOMATIC ("Assignes-/—,0r-- <br />Name: <br />� — <br />Name: <br />INDUCTIVE rOMATION LLC ('Assignor") <br />ey • r^����K� <br />Name; Sf�AIOVA, C Ti3ayt <br />Tine: <br />Atnhorizod signatory for NCC Group EacrowAssoclatos, LLC Date <br />a NCC Group <br />April 2015 <br />Is <br />
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