WINDSOR AT LAGUNA OAKS HOA - Laserfiche WebLink

3 Failure to provide notice shall not waive enforcement rights under this Agreement. 6. Duration and Termination. This Agreement shall remain in effect until terminated. Either party may terminate the Agreement in its discretion by: (a) the City upon providing thirty (30) business days written notice to the HOA; and (b) by the HOA upon providing thirty (30) days written notice to the City. Upon effective date of termination, City shall have the LLMD reassume routine landscape maintenance within the License Area, and the HOA will pay the irrigation meters account bills for the last full billing period during which the HOA was the accounts holder until termination of this Agreement, upon which the accounts will be transferred back to the City. The indemnification provisions of Section 4, above, shall survive termination to the extent that any claim arises during the time period that this Agreement was in effect, but such claim was only made after the Agreement was terminated. 7. Miscellaneous Provisions. A. No party shall assign or transfer this Agreement. B. In the performance of this Agreement, HOA’s employees, contractors, volunteers and agents shall not be an employee of the City for any purpose. C. If HOA or City waive a breach of this Agreement, such waiver shall not constitute a waiver of other or succeeding breaches of this Agreement. D. This Agreement shall be governed by the laws of the State of California, with venue for any action under this Agreement in Alameda County, California. E. This Agreement constitutes the entire understanding of the parties. Any amendments or modifications to this Agreement must be in writing and signed by all parties. F. HOA represents that HOA has all necessary power and authority to execute, deliver and perform its obligations as set forth in this Agreement. G. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. DocuSign Envelope ID: 331E0F6A-3FC4-4C74-A066-5E45974C03BBDocuSign Envelope ID: 3C04032D-DB53-457C-B1C1-DE5718EEE63B