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Res 1989-120
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Res 1989-120
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8/3/2007 10:56:32 AM
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8/3/2007 10:56:32 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1989-120
Date
10/23/1989
Volume Book
96
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<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 />termina tion will not be an exclusive remedy but will be in addi tion to any <br />other rights and remedies provided by law or under this contract. <br />This contract or any attachments(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 attachments(s) hereto may be terminated if funds <br />allocated for any attachments(s) hereto should become reduced, depleted, or <br />unavailable during any attachments(s) budget period, and RECEIVING AGENCY is <br />unable to obtain additional funds for such purposes. RECEIVING AGENCY will <br />immediately provide written notification to PERFORMING AGENCY of such fact and <br />such attachments(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 attachments(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 fulfillment 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 /> GENERAL PROVISIONS - Page 9 <br />
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