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Res 2004-150
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Res 2004-150
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Last modified
7/28/2006 11:07:44 AM
Creation date
7/28/2006 10:54:54 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2004-150
Date
9/13/2004
Volume Book
157
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<br />I <br /> <br />I <br /> <br />I <br /> <br />maximum of 2-3 inches. For those areas requiring the use of weed-eaters the performing <br />party will strive to maintain a uniform height. These services are to be performed in <br />locations identified by the Receiving Party in its Proposal (Attachment A). The Performing <br />Party will perform all services in accordance with the descriptions contained in Attachment <br />A, as modified in this agreement. <br /> <br />Article 4. CONTRACT AMOUNT <br /> <br />The total amount to be paid by the Receiving Party to the Performing Party for <br />services under this contract shall not exceed the sum of $304,206.00 in accordance with <br />Attachment A. <br /> <br />Article 5. PAYMENT FOR SERVICES <br /> <br />The Receiving Party shall pay to the Performing Party, or as directed to TIBH as the <br />assignee and servicing agent of Performing Party's interest in the payment under this <br />contract; and such payment shall be for goods and services received; and such payment <br />shall be made upon receipt of a proper invoice or voucher prepared by the Performing <br />Party's Assigned Sheltered Work Center or TIBH; and such payment shall be made within <br />thirty (30) days from receipt of such proper invoice or voucher. <br /> <br />Payment by the Receiving Party to the Performing Party shall be based upon bills <br />presented monthly, with billing based upon the actual performance of the specified clearing <br />work by location. <br /> <br />Article 6. TERMINATION <br /> <br />This agreement may be terminated under anyone of the following conditions' <br /> <br />(1) By mutual agreement and consent of both parties. <br />(2) By the Receiving Party giving written notice to the Performing Party as a <br />consequence of failure by the Performing Party to satisfactorily perform the <br />services and obligations set forth in this agreement, with proper allowances <br />being made for circumstances beyond the control of the Performing Party. <br />(3) By either party upon thirty (30) days written notice to the other. <br /> <br />Article 7. REMEDIES <br /> <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 <br />all remedies existing at law and in equity may be availed of by either party and shall be <br />cumulative. <br /> <br />2 <br />
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