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Res 2009-119
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Res 2009-119
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Last modified
1/7/2010 1:44:14 PM
Creation date
9/24/2009 10:57:56 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2009-119
Date
9/15/2009
Volume Book
183
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specified work by location. <br />ARTICLE 6. TERMINATION <br />This Agreement may be terminated under any one of the following conditions: <br />a) By mutual agreement and consent of both parties. <br />b) By the Receiving Party giving written notice to the Performing Party and the <br />Certifying Party as a consequence of failure by the Performing Party to <br />satisfactorily perform the services and obligations set forth in this Agreement, <br />with proper allowances being made for circumstances beyond the control of the <br />Performing Party. <br />c) By either party upon thirty (30) days written notice to the other. <br />ARTICLE 7. REMEDIES <br />Violation or breach of contract terms by the Performing Party shall be grounds for <br />termination of the Agreement, and any increased costs arising from the Performing Party's <br />default, breach of contract, or violation of terms shall be paid by the Performing Party. This <br />Agreement shall not be considered as specifying the exclusive remedy for any default, but all <br />remedies existing at law and in equity may be availed of by either party and shall be cumulative. <br />ARTICLE 8. SUBLETTING <br />The Performing Party shall not sublet or transfer any portion of its responsibilities and <br />obligations under this Agreement unless specifically authorized to do so in writing by the <br />Receiving Party. <br />ARTICLE 9. SUCCESSORS AND ASSIGNS <br />The Performing Party shall not assign or otherwise transfer its rights or obligations under <br />this Agreement except with the prior written consent of the Receiving Party. <br />ARTICLE 10. LEGAL CONSTRUCTION <br />In the event that any one or more of the provisions contained in this Agreement shall for <br />any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, <br />illegality, or unenforceability shall not affect any other provisions thereof and this Agreement <br />shall be construed as if such invalid, illegal, or unenforceable provision had never been <br />contained herein. <br />ARTICLE 11. GOVERNING LAWS AND VENUE <br />This Agreement shall be construed under and in accordance with the laws of the State of <br />3
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