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Res 2001-098
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Res 2001-098
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Last modified
7/6/2006 2:16:46 PM
Creation date
7/6/2006 2:16:23 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2001-98
Date
6/11/2001
Volume Book
144
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<br />City and the fees charged by the Veterinarian will be treated by the parties as a credit <br />against the amount payable by Veterinarian to the City under that separate agreement. <br />Section 4. Term; Termination. <br />A. This agreement will remain In effect for a period of three years from its <br />effective date unless either party terminates the agreement at an earlier date in accordance <br />with this section. If the agreement is not terminated during that time, it will <br />automatically be renewed for successive periods of one year thereafter unless either party <br />provides written notice to the other of its intent not to renew this agreement at least 60 <br />days in advance of a renewal date. <br />B. This agreement may be terminated by either party upon 30 days prior written <br />notice should the other party fail substantially to perform in accordance with its terms <br />through no fault of the party initiating the termination. The City may at any time and for <br />any reason suspend its use of the Veterinarian's services in anticipation of termination. <br />The City's pursuit of one or more remedies for any default by the Veterinarian will not <br />constitute an election of remedies by the City. <br />C. This Agreement may be terminated at will by either party upon at least 90 <br />days prior written notice. <br />D. In the event of termination as provided in this section, the Veterinarian will be <br />compensated for all services performed to the termination date which are deemed by the <br />City to be in accordance with this agreement. <br />Section 5. Insurance and Indemnity <br />A. The Veterinarian will hold harmless, indemnify and defend the City and its <br />employees, agents, officers and servants from any and all lawsuits, claims, demands and <br />causes of action of any kind arising from the negligent or intentional acts, errors or <br />omissions of the Veterinarian, its officers, employees or agents. This will include, but <br />not be limited to, the amounts of judgments, penalties, interest, court costs, reasonable <br />legal fees, and all other expenses incurred by the City arising in favor of any party, <br />including the amounts of any damages or awards resulting from claims, demands and <br />causes of action for personal injuries, death or damages to property. <br />B. The Veterinarian will procure and maintain at its expense Insurance with <br />insurance companies authorized to do business in the State of Texas, covering all of the <br /> <br />Jorgensen Veterinary K.doc <br /> <br />4 <br />
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