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06162009 Regular Meeting
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06162009 Regular Meeting
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City Clerk
City Clerk - Document
Minutes
City Clerk - Type
Regular Meeting
Date
6/16/2009
Volume Book
182
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(c) If this Contract has been so terminated by LCRA, the termination will not affect any rights or <br />remedies of LCRA against Contractor or any surety then existing or which may thereafter accrue. No <br />retention or payment of moneys due Contractor by LCRA will release Contractor from liability. <br />(d) In such a circumstance, LCRA shall notify Contractor in writing of the termination, with copies <br />of the notice to LCRA's jobsite personnel. <br />ARTICLE 19. DISPUTE RESOLUTION <br />The Parties agree that in the event of a dispute concerning the performance or non-performance of any <br />obligations flowing from or as a result of this Contract and prior to the initiation of any litigation, the <br />Parties will voluntarily submit the dispute to the Travis County Dispute Resolution Center for mediation <br />as though it were referred through the operation of the Texas Alternative Dispute Resolution Procedures <br />Act, Title 7, Chapter 154, TEX. CIV. PRAC. & REM. ANN., (Vernon's 1986). No record, evidence, <br />statement or declaration resulting from or in connection with such alternate dispute resolution procedure <br />may be used in evidence in subsequent litigation except to demonstrate that this Article has been <br />complied with in good faith by a Party. Contractor shall proceed diligently with performance of the <br />Contract, pending final resolution of any request for relief, claim, appeal, or action arising under <br />the Contract. <br />ARTICLE 20. NOTICES <br />All notices or other communications required under this Contract must be made in writing and sent by <br />registered or certified United States mail, return receipt requested to the address below. Notice may <br />additionally be sent by email or fax as indicated below. Parties may change their address by notifying the <br />other party pursuant to this article. Notices will be deemed to have been validly given if (i) sent by & to the <br />Parties noted below and (ii) delivered in writing by certified mail, return receipt requested. <br />LCRA: <br />Lower Colorado River Authority <br />LCRA Authorized Agent <br />Jacqueline Soukup <br />P.O. Box 220 <br />Austin, TX 78767 <br />Fax No.512-473-4037 <br />E-Maii.jsoukup@lcra.org <br />Contractor: <br />ARTICLE 21. CONTRACT NON-EXCLUSIVE <br />The Contract is not exclusive. Contractor has the right to perform services for others during the term of <br />the Contract, and LCRA has the right to hire others to perform the same or similar tasks. <br />ARTICLE 22. SEVERABILITY <br />This Contract is severable and if any one or more parts of it are found to be invalid, such invalidity shall not <br />affect the remainder of this Contract if it can be given effect without the invalid parts. <br />General Services RFP LR Revised 09/15/08 Page 8 <br />Contract #
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