Discussion and Consideration to Award Contract for Mowing and Landscaping Maintenance Services for Nuisance Properties and City-owned Properties on an as-needed basis – Motion to Approve — K-3

available by law. 4.10 ATTORNEY AND/OR OTHER FEES In the event of any controversy, claim, or dispute between the parties hereto, arising out of or relating to this Agreement, or the breach thereof, Quality Care shall be entitled to recover its reasonable expenses, attorney’s fees and costs incurred in connection therewith, plus interest at the highest extent allowed by law. Quality Care's attorney's fees incurred shall not be deemed merged into the judgment. In addition to, and not in lieu of any other remedies or damages otherwise available, if it shall be necessary to enforce the terms of this agreement, Quality Care shall be entitled to reimbursement of any fees and costs of its attorneys and/or expert witnesses, including, but not limited to, travel and lodging expense. The foregoing shall be applicable regardless of whether it is actually necessary to pursue litigation in order to forward the rights of the party. 4.11 NOTICES All notices required or permitted to be given under this Agreement shall be in writing and either hand-delivered, faxed, or mailed via certified first-class mail, postage prepaid to the other party at the address set forth on the signature page of this Agreement. A notice shall be deemed given when hand-delivered, when faxed or three (3) days after mailed via certified first-class mail, postage prepaid. 4.12 HEADINGS The headings in this Agreement are inserted for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent or intent of this Agreement or any provision hereof. 4.13 AUTHORITY TO BIND Each party signing this Agreement represents and warrants to the other party that he or she has the full legal power, authority, and right to execute and deliver this Agreement, and the party on whose behalf he or she is executing has the full legal power and authority to perform its obligations under this Agreement. 4.14 COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to constitute a single document. The facsimile signatures of the parties shall be deemed to constitute original signatures and facsimile copies hereof shall be deemed to constitute duplicate original counterparts. The parties agree to follow up with signed originals. * * * END OF AGREEMENT * * * * * * SIGNATURE PAGE FOLLOWS * * * Contractor Initials: Client Initials: Page 8 of 9