Res 2011-034 - Laserfiche WebLink

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Agreement shall not exceed $500,000.00. If the total amount of non -City funds raised by the HCWC for its capital campaign is less than $500,000.00, the City's matching Funds shall not exceed such lesser amount. 3.4 The Funds shall be drawn only from an account specifically designated by the City for the purposes of this Agreement and from no other accounts of the City. ARTICLE 4 ASSIGNMENT OF CONTRACTS For all contracts for architectural, engineering or construction services for the Project entered into prior to the date of this Agreement, the HCWC will endeavor to secure an option to assign same to the City. With regard to the contract for construction and other related contracts for services procured after the date of this Agreement, the HCWC shall ensure that such contracts and all plans, drawings and specifications under them may be assigned to the City or any assigns of the City. The HCWC may not assign such contracts, plans, drawings and specifications to any third party without the written consent of the City. ARTICLE 5 TERM AND TIME OF PERFORMANCE 5.1 The term of the Agreement shall continue from the Effective Date until the completion of the HCWC Project by the date specified in paragraph 2.3 (the "Term "). The obligations of the Parties shall continue during the Term, except that the HCWC's obligation to operate the facilities as provided under paragraph 2.9. 5.2 Any prevention or delay in performance of an obligation under this Agreement by either Party due to strikes, lock outs, labor disputes, acts of God, unusually severe weather, the elements, inability to obtain labor or materials or reasonable substitute therefor, governmental restrictions, governmental regulations, governmental controls, judicial decisions, orders or decrees, enemy or hostile government action, civil commotion, fire or other casualty and other causes beyond the reasonable control of the party obligated to perform, shall excuse the performance by such party for a period equal to any such prevention or delay or stoppage. Both Parties shall use reasonable efforts to overcome whatever may be impeding their performance of any obligation hereunder. ARTICLE 6 DEFAULT AND TERMINATION 6.1 If the HCWC fails to fulfill in a timely and proper manner its obligations under this Agreement, or violates any of the terms or conditions of this Agreement, then the HCWC will have 30 days from the date it receives written notice from the City to cure or correct the defects or failures to comply. Should the HCWC fail to cure or make corrections as directed by 0