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Res 1990-098
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Res 1990-098
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7/23/2007 4:38:54 PM
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7/23/2007 4:38:54 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Grant Application
Number
1990-98
Date
8/27/1990
Volume Book
99
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<br /> G9. Termination (cont.) <br /> Except with respect to defaults of subcontractors, the Local Government shall not be <br /> in default by reason of any failure in performance of this contract in accordance with <br /> its terms (including any failure by the Local Government to progress in the perfor- <br /> mance of the work) if such failure arises out of causes beyond the control and without <br /> the default or negligence of the Local Government. Such causes may include but are <br /> not limited to acts of God or of the public enemy, acts of the Government in either its <br /> sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, <br /> strikes, freight embargoes, and unusually severe weather. In every case, however, <br /> the failure to perform must be beyond the control and without the fault or negligence <br /> of the Local Government. <br /> G10. Gratuities <br /> State Highway and Public Transportation Commission policy mandates that <br /> employees of the Department shall not accept any benefits, gifts or favors from any <br /> person doing business with or who reasonably speaking may do business with the <br /> State under this contract. The only exceptions allowed are ordinary business lunches <br /> and items that have received the advanced written approval of the State's Engineer- <br /> Director. <br /> Any person doing business with or who reasonably speaking may do business with <br /> the State under this contract may not make any offer of benefits, gifts or favors to <br /> Department employees, except as mentioned hereabove. Failure on the part of the <br /> Local Government to adhere to this policy may result in termination of this contract" <br /> GIL Compliance With Laws <br /> The Local Government shall comply with all Federal, State and local laws, statutes9 <br /> ordinances, rules and regulations, and the orders and decrees of any courts or admin- <br /> istrative bodies or tribunals in any matter affecting the performance of this contract, <br /> including, without limitation, workers' compensation laws, minimum and maximum <br /> salary and wage statutes and regulations, and licensing laws and regulations. When <br /> required, the Local Government shall furnish the State with satisfactory proof ofits <br /> compliance therewith. <br /> G12. Successors and Assigns <br /> The State and the Local Government each binds itself, its successors, executors, <br /> assigns and administrators to the other party to this agreement and to the succeSSOJ"S9 <br /> executors, assigns and administrators of such other party in respect to all covenants <br /> of this agreement. Neither the State nor the Local Government shall assign, sublet~ <br /> or transfer its interest in this agreement without written consent of the other. <br /> Page 8 of 13 <br />
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