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Res 1995-082
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Res 1995-082
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Last modified
6/19/2007 10:28:19 AM
Creation date
6/19/2007 10:28:19 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1995-82
Date
4/28/1995
Volume Book
118
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<br /> (;)r¡= <br /> 'WiLTEL <br /> 16. CERTIFICATES OF INSURAi~CE; PROPERTY DAMAGE. Certificates of public liability, casualty <br /> and workmen I s compensation insurance shall be obtained by vVilTel in the amounts specified in <br /> Customer's RFP and filed with Customer and will be subject to Customer's approval both as to <br /> amount and adequacy of protection. Vendor shall make all payments in accordance with <br /> unemployment, old age, and other insurance and social security provisions of the federal, state and <br /> municipal governments and all other governing bodies, pursuant to laws made and provided for that <br /> purpose, whether enacted at the time of or prior to execution of the Contract or during the progress <br /> of the work hereunder and shall assume all liability for the compliance with the requirements <br /> thereof. To the extent the damage, loss or theft is caused by the negligence of vVilTel, vVilTel shall <br /> assume all liability for injuries to or loss of Customer property or the property of any other <br /> contractor which may be employed by Customer in customer Premises or to any adjoining property <br /> or the property of any third person or subcontractor and by the employees of each of them and shall, <br /> at its mvn expense, and subject to the limitations set forth in this Agreement, indemnify the Customer <br /> for any such damage, loss or theft. The liability of vVilTel under this section is not dependent upon <br /> the failure of Customer to direct \VilTel to take any particular precaution or refrain from doing any <br /> particular act. <br /> 17. SUSPENSION OR TERlvlINATION OF WORK. Customer shall have the right to order the work <br /> of \VilTel or any subcontractor wholly or partially stopped if the materials furnished or the work <br /> done is not in strict accordance with the provisions and specifications of the Contract and may, after <br /> providing \VilTel with notice of the deficiency and a reasonable opportunity to cure such deficiencies, <br /> terminate the Agreement. Such stoppage or suspension shall not in any way invalidate any terms of <br /> the Contract and no extra charge will be allowed vVilTel by reason of such stoppage or suspension. <br /> If Customer chooses not to have \VilTel correct such deficiencies, Customer agrees to accept the work <br /> and pay the full Cash Price even though the work does not comply with the contracted specifications. <br /> 18. PROVISION OF TEl'v1PORARY TELEPHONE SERVICE. In the event vVilTel, for reasons within <br /> its control, is not able to meet the mutually agreed upon Cutover Date for the System associated with <br /> the provision of telephone service to the first floor of the Municipal Building for the City of San <br /> l'vlarcos, \VilTel agrees to provide temporary telephone service via an interim system to those <br /> personnel at no additional cost to Customer. Such interim service shall be provided until \ViiTel can <br /> accomplish Cutover of the System originally ordered for that site. <br /> 19. DESIGNATION OF INSTALLATION LOCATIONS. Customer agrees to work cooperatively with <br /> \VilTel to designate all locations where \VilTel will place backboard equipment, switching equipment, <br /> and associated hardware, distribution frames and cable. Customer shall provide advance \vrÏtten <br /> approval of the location in which vVilTel will permanently place any backboard equipment, switching <br /> equipment, associated hardware and distribution frames. Furthermore, Custome'r shall identify, in <br /> writing, any paths or locations specifically designated not for use in cable distribution. If it is <br /> necessary to correct work which is not done in accordance with the contract, or in unauthorized <br /> areas and \VilTel fails to correct the problem within five (5) business days after notification, an <br /> equitable deduction from the Cash Price shall be made, however, such deduction shall not exceed <br /> Customer's expense to correct the erroneous work. Examples of such \vork are: cables placed or <br /> - 7 - <br />
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