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Res 2013-152/Authorizing the CM to execute a fourth amended and restated contract for collection and disposal of solid waste and recyclable materials with TDS
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Res 2013-152/Authorizing the CM to execute a fourth amended and restated contract for collection and disposal of solid waste and recyclable materials with TDS
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4/16/2014 10:17:34 AM
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City Clerk - Document
Resolutions
Number
2013-152
Date
10/2/2013
Volume Book
200
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in writing and signed by both parties. <br />Section 7.10 Contractor Name Change <br />The Contractor is responsible for the performance of the Contract. In the event the Contractor changes its <br />name, the Contractor will notify the City Manager in writing prior to the change taking effect, and the <br />Contractor will publish notice of the change in a newspaper circulated in the contract area prior to the <br />change taking effect. A fee of $100.00, payable to the City, will be charged the Contractor for <br />administrative costs in processing each name change under this provision. The Contract will then be <br />modified to reflect the change. <br />Section 7.11 Force Majeure <br />In the event that the performance by either party of any of its obligations under the Contract is interrupted <br />or delayed by events outside of their control such as acts of God, war, riot, or civil commotion, then the <br />party is excused from such performance for the period of time reasonably necessary to remedy the effects <br />of the events. <br />Section 7.12 Successors and Assigns; Assignment <br />The City and the Contractor, respectively, bind themselves, their partners, successors, assigns and legal <br />representatives to the other party to this Contract and to the partners, successors, assigns and legal <br />representatives of such other party with respect to all covenants of this Contract. Nehther the City nor the <br />Contractor will' assign, sublet or transfer any interest in this Contract without the written consent of the <br />other, which will not be unreasonably withheld. <br />Section 7.13 Entire Agreement; Amendments <br />This Contract represents the entire and integrated Contract between the City and the Contractor and <br />supersedes all prior negotiations, representations or agreements either written or oral. This contract may <br />be amended to include additional services, or for other reasons, by mutual consent of the parties. Any <br />such amendment must be in writing and executed by both parties. <br />Section 7.14 Written Assurances <br />Whenever one party to this Contract, in good faith, has reason to question the other party's intent to <br />perform, the former may demand that the other party give written assurance of intent to perform. In the <br />event that a demand is made and no such assurance is received within 5 working days, the demanding <br />party may treat this failure as an anticipatory repudiation of this Contract. <br />ARTICLE 8 <br />INSURANCE, INDEMNITY AND BONDS <br />Section 8.1 Indemnity <br />The Contractor will indemnify, hold harmless and defend the City and its employees, agents, <br />officers and servants from any and all lawsuits, claims, demands and causes of action of any kind <br />arising from the negligent or intentional wrongful acts of the Contractor, its employees, <br />subcontractors or agents. This will include, but not be limited to, the amounts of judgments, <br />penalties, interest, court costs, legal fees, and all other expenses incurred by the City arising in <br />20 <br />
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