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Res 1984-023
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Res 1984-023
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8/31/2007 8:23:48 AM
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8/31/2007 8:23:48 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1984-23
Date
4/9/1984
Volume Book
65
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<br />under this contract, Department shall notify Contractor in writing within a <br />reasonable time after such fact is determined. Department shall terminate this <br />contract and will not be liable for failure to make payments to Contractor <br />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 this contract, including the terms of <br />Exhibit A, Exhibit B, Exhibit C, and Exhibit D of this contract. <br />5. Department shall not be liable to Contractor for any costs incurred by <br />Contractor in the performance of this contract which have not been billed to <br />Department by Contractor within sixty (60) days following termination of this <br />contract unless otherwise provided for in the Certification of Completion <br />referred to in Section 8 (B) 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 this <br />contract. <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 by <br />Contractor strictly in accordance with the terms of this contract. Such refund <br />shall be made by Contractor to Department within thirty (30) working days after <br />such refund is requested by Department. <br />C. Limit of Liability <br />Notwithstanding any other provision of this contract, the total of all payments <br />and other obligations incurred by Department under this contract shall not <br />exceed the sum of Fifty-five Thousand and no/100 Dollars ($55,000.00). <br />SECTION 5. METHOD OF PAYMENT <br /> , <br />A. Contractor shall submit to Department a properly completed Request for <br />Advance Form 270, as specified by Department, twice each month during the <br />period of this contract as set forth in Paragraphs (1) and (2) of this <br />Subsection A. Department shall determine the reasonableness of each amount <br />requested and shall not make disbursement of any such advance payment until <br />Department has reviewed and approved such Request for Advance. <br /> PAGE 2 OF 10 <br />
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