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Res 1986-055
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Res 1986-055
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8/27/2007 1:10:30 PM
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8/27/2007 1:10:30 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1986-55
Date
5/12/1986
Volume Book
79
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<br /> days from the date of receipt thereof to cure such default, in which event <br /> this Section 9.01 shall no longer apply except as to future defaults. <br /> 9.02. In the event any party commits a default, the Project Manager, at <br /> its option, may enforce specific performance of this Agreement against <br /> such party and/or pursue any other remedy available at law or in equity, <br /> the cost of which enforcement shall be a cost of the Project. In the <br /> event of a termination of this Agreement as provided herein, the parties <br /> hereto shall have no further rights or obligations hereunder except for <br /> their obligation to indemnify the Project Manager for any liability, loss, <br /> etc. as provided in Article 10 below which accrued prior to the date of <br /> termination of this Agreement. <br /> 9.03. In the event that any party or parties fail to pay any sum required <br /> to be paid by such party or parties pursuant to the Agreement, any other <br /> party shall be entitled but not obligated to advance such funds not paid <br /> by a defaulting party. Any such advance shall be deemed a loan to the <br /> defaulting party by the party advancing the funds and shall accrue <br />interest until repaid at the maximum rate allowed under applicable law. <br /> Article 10. Indemnification of Project Manager. Each of the parties <br />hereto (other than the City), including but not limited to River Ridge, hereby <br />agrees to indemnify and hold harmless the Project Manager and its successors <br />and assigns, from and against any and all liability, loss, cost, damage, <br />attorney's fees and expenses of whatever kind or nature in connection with any <br />claim or cause of action which any party hereto, its heirs, personal repre- <br />sentatives, successors, materialmen or supplier of any such party or any other <br />person may bring against the Project Manager for its actions or omissions as <br />the Project Manager hereunder (except for its gross negligence or intentional <br />misconduct) or by reason of the City's failure (i) to approve plans and speci- <br />fications for the Project, (ii) to accept the Sanitary Sewer Interceptor upon <br />completion, or (iii) to perform any other act or failure to perform as required <br />hereunder. <br />Article 11. Miscellaneous. <br />11.01. Section Headings. The headings or titles of the several articles <br />and sections of this Agreement are solely for convenience of reference and <br />she ~_l not affect the meaning, construction or effect of the provisions <br />hereof. <br />11.02. Interpretation. The singular form of any word used herein shall <br />include the plural, and vice versa unless the context requires otherwise. <br />The use of a word of any gender herein shall include all other genders, <br />unless the context requires otherwise. This Agreement and all of the <br />terms and provisions hereof shall be construed so as to effectuate the <br />purposes contemplated hereby and to sustain the validity hereof. <br /> 6 <br />15/1026/3 <br />
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