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Res 2001-054
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Res 2001-054
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Last modified
7/3/2006 3:19:53 PM
Creation date
7/3/2006 3:18:49 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2001-54
Date
3/26/2001
Volume Book
143
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<br />ARTICLE 8 <br />TERM OF AGREEMENT <br />8.1 The term of this Agreement begins upon its execution by both parties, and will end <br />upon the Consultant's completion, and the City's acceptance of all services described in <br />this Agreement unless this Agreement is terminated under Sections 8.2 or 8.3 below. <br /> <br />8.2 This Agreement may be terminated by either party upon 15 days prior written notice <br />should the other party fail substantially to perform in accordance with its terms through no <br />fault of the party initiating the termination. <br /> <br />8.3 This Agreement may be terminated at will by the City upon at least 15 days prior <br />written notice to the Consultant. <br /> <br />8.4 In the event of termination as provided in this Article, the Consultant will be <br />compensated for all services performed to termination date which are deemed by the City <br />to be in accordance with this Agreement. This amount will be paid by the City upon the <br />Consultant's delivering to the City all information and materials developed or accumulated <br />by the Consultant in performing the services included in this Agreement, whether <br />completed or in progress. The expense of reprod uction of these items will be borne by the <br />City. <br /> <br />ARTICLE 9 <br />MISCELLANEOUS PROVISIONS <br /> <br />9.1 Funding for this Project has been made available by the United States Department <br />of Housing and Urban Development through the Community Development Block Grant <br />("CDBG") Program. The Consultant will comply with all of the applicable uniform <br />administrative regulations related to the application, acceptance, and use of federal funds <br />for these federally assisted services. The Consultant will also comply with 24 C.F.R. 85, <br />Section 85.36 Standards of Conduct (Exhibit C). Consultant is encouraged to obtain the <br />necessary information specified in this Section but failure to do so will not relieve it from <br />compliance with the applicable regulations <br /> <br />9.2 This Agreement is governed by the law of the State of Texas. Exclusive venue for <br />any dispute arising under this Agreement is in Hays County, Texas. <br /> <br />9.3 As to all acts or failures to act by either party to this Agreement, any applicable <br />statute of limitations will commence to run and any alleged cause of action will be deemed <br />to have accrued when the party commencing the cause of action knew or should have <br />known of the existence of the subject act(s) or failure(s) to act. <br /> <br />9.4 The Consultant will not use funds received by it directly or ind irectly under the terms <br />of this Agreement for any partisan political activity or to further the election or defeat of any <br />candidate for public office. <br /> <br />12 <br />
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