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ESRICamera Waiver. FY20-0026 <br />return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or <br />(iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, <br />certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate <br />address set forth below, or such other address as a Party may provide notice in accordance with this <br />section: <br />CITY: <br />Jeanne Donaldson <br />City Clerk <br />35 Cajon Street, Suite 4 <br />Redlands, CA 92373 <br />Telephone: (909)798-7531 <br />Email: jonaldson@cityofredlands.org <br />ESRI: <br />Peter Becker <br />Group Product Manager <br />380 New York St <br />Redlands, CA 92373 <br />Telephone: (909) 793-2853 Ext. 2045 <br />Email: pbecker@esri.com <br />This Waiver, Release, and Indemnity Agreement contains the entire understanding between <br />City and ESRI with respect to the subject matter herein. There are no representations, agreements, or <br />understandings (whether oral or written) between City and ESRI relating to the subject matter of this <br />Agreement which are not fully expressed herein. <br />This Agreement shall be governed and construed by and in accordance with the laws of the <br />State of California, without reference to its conflicts of law principles. If suit is brought by a party to <br />this Agreement, City and ESRI agree that trial of such action shall be vested exclusively in the state <br />courts of San Bernardino County, California, or in the United States District Court for theCentral <br />District of California. <br />In the event any action is commenced to enforce or interpret any of the terms or provisions of <br />this Agreement, the prevailing party in such action shall be entitled to recover, in addition to any <br />costs and other relief, its reasonable attorneys' fees, including fees for the use of in-house counsel by <br />a party. <br />Dated: August 17, 2020 ("Effective Date") <br />CITY OF REDLANDS <br />Charles M. Duggan, r., Cit anager <br />ATTEST: <br />zc" .,/ <br />nne Donaldson, City Clerk <br />L:\ca\djmlAgreements\ESRICameraWaiver.FY20-0026.docjn <br />ENVIRONMENTAL SYSTEMS <br />TITUTE, INC. <br />✓ Chas Johnson <br />f lwW, CAm� & C,a� C <br />�ESFARC,, <br />- NS <br />d7y�. * <br />C AL�FflP�\�P <br />