Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract SECTION 15.14. BINDING EFFECT. This Service Contract shall bind and inure to the benefit of and shall be binding upon the City and the Company and any assignee acquiring an interest hereunder consistent with Section 15.10. SECTION 15.15. AMENDMENT AND WAIVER. This Service Contract may not be amended except by a written amendment signed by the parties. Any of the terms, covenants, and conditions of this Service Contract may be waived at any time by the party entitled to the benefit of such term, covenant, or condition if such waiver is in writing and executed by the party against whom such waiver is asserted. SECTION 15.16. NO DISCRIMINATION. The Company shall not discriminate nor permit discrimination by any of its officers, employees, agents and representatives against any person because of age, race, color, religion, national origin, sex or, with respect to otherwise qualified individuals, handicap. The Company will take all actions reasonably necessary to ensure that qualified applicants are employed, and that employees are treated during employment, without regard to their age, race, color, religion, sex, national origin or, with respect to otherwise qualified individuals, handicap. Such action shall include, without limitation: (1) recruitment and recruitment advertising; (2) layoff or termination; (3) upgrading, demotion, transfer, rates of payor other form. of compensation; and (4) selection for training, including apprenticeship. The Company shall impose the non-discrimination provisions of this Section by contract on all Subcontractors hired to perform work related to the Facilities and shall take all reasonable actions necessary to enforce such provisions. The Company will post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. SECTION 15.17. NOTICES. (A) Procedure. All notices, consents, approvals or written communications given pursuant to the terms of this Service Contract shall be: (1) in writing and delivered in person; (2) transmitted by certified mail, retum, receipt requested, postage prepaid or by ovemight courier utilizing the services of a nationally recognized overnight courier service with signed verification of delivery; or (3) given by facsimile transmission, if a signed original is deposited in the United States Mail within two days after transmission. Notices shall be deemed given only when actually received at the address first given below with respect to each party. Either party may, by like notice, designate further or different addresses to which subsequent notices shall be sent. (E) Company Notice Address. Notices required to be given to the Company shall be addressed as follows: 106