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Res 1996-144
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Res 1996-144
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Last modified
6/15/2007 1:36:12 PM
Creation date
6/15/2007 1:36:12 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1996-144
Date
8/26/1996
Volume Book
125
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<br /> (Of J" <br /> -10- - <br /> (a) The failure of any party to pay any sum required to be paid by them <br /> under the terms and provisions of this Agreement within the time <br /> specified; <br /> (b) The failure of any party to perform any of their obligations or other <br /> covenants or agreements set forth in this Agreement; , <br /> (c) The failure of any party to honor any of the representations or <br /> warranties set forth in this Agreement. <br /> 7.02 In the event of the failure of the City to perform any of the services it has <br /> agreed to perform as a Project Manager, the DOL, as its exclusive remedy for the City's <br /> . . <br /> failure to perform its services as Project Manager, shall be entitled to enforce by specific <br /> performance the obligations of the City as the Project Manager, provided however, the <br /> DOL shall be required to give the City reasonable written notice of default, whic/:,! notice <br /> . <br /> shall contain a specific description of the default, and the City shall have fourteen (14) <br /> working days from the date of receipt of the notice to cure. the default. <br /> 7.03 In the event the DOL commits an event of default, the City may enforce this <br /> Agreement by specific performance against the DOL and/or pursue any other remedy <br /> available at law or in equity, provided however, the City shall be required to give the DOL <br /> reasonable written notice of default, which notice shall contain a specific description of the <br /> default, and the DOL shall have fourteen (14) working days from the date of receipt of the <br /> notice to cure the default. <br /> 7.04 In the event that any party fails to pay any sum required to be paid pursuant <br /> to this Agreement, the other party shall be entitled, but not obligated, to advance funds not <br /> paid by the defaulting party. Any advance shall be deemed a loan to the defaulting party <br /> by the party advancing the funds and shall accrue interest until paid at the maximum rate <br />
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