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Res 1986-121
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Res 1986-121
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8/28/2007 8:54:28 AM
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8/28/2007 8:54:27 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
1986-121
Date
10/13/1986
Volume Book
83
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<br />ATTACHMENT E, PAGE 4 <br /> <br />modification is in writing and signed by the duly authorized <br />representative of both parties. <br /> <br />ARTICLE 13: HEADINGS NOT CONTROLLING: Headings used in this <br />Contract are for convenience only and shall not be used in <br />construing or interpreting any provision. <br /> <br />ARTICLE 14: COMPLIANCE WITH ALL LAWS: Each party agrees that <br />it will perform its obligations hereunder in accordance with <br />all applicable laws, rules, executive order and regulations <br />now and hereafter in effect. <br /> <br />B. If any term or provision of this agreement shall be found <br />to be illegal or unenforeable then, whereupon as so amended <br />shall remain in full force and effect. <br /> <br />C. Each of the parties hereto agree nat to discriminate <br />against any person in hiring, firing, upgrading or demoting <br />on the basis of age, sex, race, color, creed, national origin <br />or physical handicap unless such handicap materially <br />interferes with or would prevent any person from fully <br />performing his or her job assignments. <br /> <br />ARTICLE 15: CONSENT TO BREACH NOT WAIVER: No term or <br />provision hereof shall be deemed waived and no breach <br />excused, unless such waiver or consent shall be in writing <br />and signed by the party claimed to have waived or consented <br />to such breach. Any consent by any party to, or waiver of, a <br />breach by the other, whether express or implied, shall not <br />constitute a consent to, waiver of, or excuse for any other <br />different or subsequent breach. <br /> <br />ARTICLE 16: NOTICES: All notices under this Contract shall <br />be in writing and shall be deemed duly given; upon delivery, <br />if delivered by hand (against receipt); or three days after <br />posting, if sent by registered mail (receipt requested); to a <br />party hereto at the address hereinabove set forth or to such <br />other address as a party may designate by written notice <br />pursuant hereto. <br /> <br />ARTICLE 17: AUTHORITY: Each party has full power and <br />authority to enter into and perform this Agreement, and the <br />person signing this Agreement on behalf of each has been <br />properly authorized and empowered to enter into this <br />Contract. <br /> <br />ARTICLE 18: BINDING EFFECT: This agreement shall be binding <br />upon, and shall inure to the benefit of HMS and Client and <br />their respective successors or assigns. <br /> <br />ARTICLE 19: NO ASSIGNMENT: Neither this Contract, nor any <br />right or interest hereunder, shall be assigned by Client <br />without the prior written consent of HMS. Any assignment or <br />attempted assignment, whether by operation of laws or <br />
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