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Res 1985-001
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Res 1985-001
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8/28/2007 3:46:54 PM
Creation date
8/28/2007 10:35:21 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1985-1
Date
1/14/1985
Volume Book
69
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<br />receipt of adequate state and/or federal funds to meet Department's <br />liabilities under this contract. If adequate funds are not available to make <br />payments under this contract, Department shall notify Contractor in writing <br />within a reasonable time after such fact is determined. Department shall <br />terminate this contract and will not be liable for failure to make payments to <br />Contractor under this contract. <br />2. Department shall not be liable to Contractor for any costs incurred by <br />Contractor, or any portion thereof, which has been paid to Contractor or is <br />subject to payment to Contractor, or has been reimbursed to Contractor or is <br />subject to reimbursement to Contractor by any source other than Department or <br />Contractor. <br />3. Department shall not be liable to Contractor for any costs incurred by <br />Contractor which are not allowable costs, as set forth in Section 6(B) of this <br />contract. <br />4. Department shall not be liable to Contractor for any costs incurred by <br />Contractor or for any performances rendered by Contractor which are not <br />strictly "in accordance with the terms of th"is contracL, including the terms of <br />Exhibit A, Exhibit B, Exhibit C, Exhibit 0, Exhibit [ of this contract. <br />5. Department shall not be liable to contractor for any costs incurred by <br />Contractor in the performance of this contr'act which have not been billed to <br />Department by Contractor within sixty (&0) days following termination of this <br />contract unless otherwise provided for in the Certificate of Completion <br />referred to in Section B (C) of this contract. <br />6. Department shall not be liable for costs incurred or performances rendered <br />by Contractor before commencement of this contract or after termination of <br />thi s contrac l. <br />B. Excess Payments <br />Contractor shall refund to Department any sum of money which has been paid to <br />Contractor by Department, which Department determines has resulted in <br />overpayment to Contractor, or which Department determines has not been spent <br />by Contractor strictly in accordance with the terms of thi5 contract. Such <br />refund shall b~ made by Contractor to Department within thirty (30) working <br />days after such refund is requested by Department. <br />C. Limit of Liabilit~ <br />Notwithstanding any other provision of th"is contract, the total of all <br />payments and other obligations incurred by Department under this contract <br />shall not exceed the sum of Two Hundred Seventy-one lhousand Two Hundred Forty <br />and no/100 Dollars ($211,240.00). <br />SECTION 5. METHOD OF PAYMENT <br />A. Contractor shall submit to Department a properly completed Request for <br />Advance or Reimbursement Form 270, as specified by Department, as often as <br />actually needed. Department shall determine the reasonableness of each amount <br />requested and shall not make disbursement of any such payment until Department <br />has reviewed and approved such Request. <br /> PAGE 2 OF 11 <br />
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