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Res 1990-126
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Res 1990-126
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7/30/2007 4:49:30 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1990-126
Date
10/8/1990
Volume Book
100
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<br /> termination. Such notice will include the reasons for the termination and <br /> will provide the other party an opportunity to rebut the reasons in writing. <br /> A hearing may be requested on the proposed termination if such request is made <br /> in writing within ten (10) days from any final notification of termination. <br /> By such termination, neither party may nullify obligations already incurred <br /> for performance or failure to perform prior to the date of termination. Such <br /> termination will not be an exclusive remedy but will be in addition to any <br /> other rights and remedies provided by law or under this contract. <br /> This contract or any attachment(s) hereto may be terminated in whole, or in <br /> part, when both parties agree that continuation would not produce results <br /> commensurate with further expenditure of funds. Both parties will agree on <br /> the effective date and, in the case of partial termination, the portion to be <br /> terminated. RECEIVING AGENCY will immediately send PERFORMING AGENCY written <br /> notice of the terms agreed to and such notice will become a part of the <br /> contract. PERFORMING AGENCY will not incur new obligations for the terminated <br /> portion after the effective date of termination and will cancel as many <br /> outstanding obligations as possible. RECEIVING AGENCY will allow full credit <br /> to PERFORMING AGENCY for noncancelable obligations which were properly <br /> incurred prior to the termination date. <br /> This contract or any attachment(s) hereto may be terminated if funds allocated <br /> for any attachment(s) hereto should become reduced, depleted, or unavailable <br /> during any attachment(s) budget period, and RECEIVING AGENCY is unable to <br /> obtain additional funds for such purposes. RECEIVING AGENCY will immediately <br /> provide written notification to PERFORMING AGENCY of such fact and such <br /> attachment(s) to this contract is/are terminated upon receipt of that <br /> notification. PERFORMING AGENCY will not incur new obligations after the <br /> effective date of termination and will cancel as many outstanding obligations <br /> as possible. RECEIVING AGENCY will allow full credit to PERFORMING AGENCY for <br /> noncancelable obligations which were properly incurred prior to the <br /> termination date. <br /> This contract or any attachment(s) hereto may be terminated in the event that <br /> federal or state laws or other requirements should be amended or judicially <br /> interpreted so as to render continued ftJ!fillment of this contract, on the <br /> part of either party, unreasonable or impossible. If the parties should be <br /> unable to agree upon amendment which would therefore be needed to enable the <br /> substantial continuation of the services contemplated herein, then, upon <br /> written notification by RECEIVING AGENCY to PERFORMING AGENCY, the parties <br /> will be discharged from any further obligations created under the terms of <br /> this contract, except for the equitable settlement of the respective accrued <br /> interests or obligations as of the date of termination. <br /> 1991 GENERAL PROVISIONS - Page 10 (rev.5/90) <br />
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