O-1998-2261 - Laserfiche WebLink

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. e shall be settled by arbitration in accordance with "American Arbitration Association Construdion Industry Arbitration Rules. by a sole arbitrator. The arbitration shall be govemed by the United States Arbitration Ad, 9 U.S.C. & 1-16, and the judgement upon the award rendered by the Arbitrator may be entered by any count having jurisdidion thereof. The place of arbitration shall be Harris County. The arbitrator is not empowered to award damages in excess of adual damages, including punitive damages. 14.4 If one or more of the provisions of this Agreement, or the application of any provision to any party or circumstance, is held invalid, unenforceable, or illegal in any resped, the remainder of this Agreement and the application of the provision to other parties or circumstances shall remain valid and in full force and effed. 14.5 Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing and shall be mailed by certified or registered mail addressed as set forth below or at such other address as may be specified by written notice: CITY: Robert T. Herrera, City Manager City of La Porte P.O. Box 1115 604 West Fairmont Parkway La Porte, Texas 77572-1115 CONSULTANT: Richard C. Mobley, II, Regional Vice President Wilbur Smith Associates, Inc. 9800 Richmond Avenue, Suite 400 Houston, Texas 77042 14.6 The waiver by either party of a breach of any provision of this Agreement shall not constitute a waiver of .any subsequent breach of this Agreement. 14.7 The CONSULTANT shall not assign any interest on this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the CITY thereto. Provided however, that claims for money by the CONSULTANT from the CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CITY. 14.8 Successors and Assigns: The CITY and CONSULTANT each binds itself and its successors, executors, administrators and assigns to the other parties of the Contrad and' to the successors, executors, administrators and assigns of such other parties, in resped to all covenants of this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer, board member, commissioner, employee or agent of any public body which is a party hereto. 14.9 Recorts and Information: The CONSULTANT at such times and in such forms as CITY may require, shall fumish CITY such periodic reports as they may request pertaining to the work or services undertaken pursuant to this Agreement, the cost and obligations incurred or to be in connedion therewith, and any other matter covered by this Agreement. 14.10 Incorporation of Provisions Required bv Law. Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein and this .Agreement shall be read and enforced as though each were included herein. If through -Page 8 of 9-