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Res 2011-078
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Res 2011-078
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Last modified
9/28/2011 4:17:55 PM
Creation date
7/1/2011 10:53:08 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Date
6/21/2011
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define, limit, or describe the scope or intent of any provision of this Agreement <br />and shall have no meaning or effect upon its interpretation. Words of any gender <br />used in this Agreement shall be held and construed to include any other gender, <br />and words in the singular number shall be held to include the plural, and vice <br />versa, unless the context requires otherwise. <br />k) Agreement Read: The parties acknowledge that they have had <br />opportunity to consult with counsel of their choice, have read, understand and <br />intend to be bound by the terms and conditions of this Agreement. <br />1) Multiple Originals: It is understood and agreed that this Agreement <br />may be executed in a number of identical counterparts, each of which shall be <br />deemed an original for all purposes. <br />m) Force Maieure: In the event that either party's performance of any <br />of its obligations under this Agreement is interrupted or delayed by events <br />outside of its control such as acts of God, strikes, war, riot or civil commotion, <br />acts of terrorism, act of any governmental authority or courts, epidemics, <br />inclement weather, fires, governmental laws, regulations, civil disturbances, <br />explosions, contractor or materials delay, or by third party private utility <br />relocations on its respective project, then the party is excused from such <br />performance for the period of time reasonably necessary to remedy the effects of <br />such events. <br />n) Exhibits /attachments: Any exhibits and /or attachments attached to <br />this Agreement are incorporated by reference into this Agreement as though <br />included verbatim herein. In the event of any conflict between this Agreement <br />and the provisions of any exhibit or attachment to this Agreement, this <br />Agreement will govern and control. <br />o) Consequential Damaqes: The parties mutually waive all claims <br />against each other for incidental and consequential damages arising out of or <br />relating to this Agreement. <br />p) Funding: Funds for the payment of the City's obligations under this <br />Agreement have been provided through the City budget approved by City <br />Council for the current fiscal year only. State statutes prohibit the obligation and <br />expenditure of public funds beyond the fiscal year for which a budget has been <br />approved. However, the cost of items or services covered by this Agreement is <br />considered a recurring requirement and is included as a standard and routine <br />expense of the City to be included in each proposed budget within the <br />foreseeable future. City Council expects this to be an integral part of future <br />budgets to be approved during the period of this Agreement except for <br />unanticipated needs or events which may prevent such payments against this <br />Agreement. However, the City cannot guarantee the availability of funds, and <br />enters into this Agreement only to the extent such funds are made available. In <br />10 <br />
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