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Res 1989-127
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Res 1989-127
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8/3/2007 11:03:02 AM
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8/3/2007 11:03:02 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1989-127
Date
10/30/1989
Volume Book
96
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<br /> and will not be liable for failure to make payments to Contractor under this contract. <br /> 2. Department shall not be liable to Contractor for any costs incurred by Contractor, or any <br /> portion thereof, which has been paid to Contractor or is subject to payment to Contractor, or <br /> has been reimbursed to Contractor or is subject to reimbursement to Contractor by any source <br /> other than Department or Contractor. <br /> 3. Department shall not be liable to Contractor for any costs incurred by Contractor which <br /> are not allowable costs, as set forth in Section 6 (B) of this contract. <br /> 4. Department shall not be liable to Contractor for any costs incurred by Contractor or for <br /> any performances rendered by Contractor which are not strictly in accordance with the terms of <br /> this contract, including the terms of Exhibit A, Exhibit B, Exhibit C, Exhibit 0, and Exhibit E of <br /> this contract. <br /> 5. Department shall not be liable to Contractor for any costs incurred by Contractor in the <br /> performance of this contract which have not been billed to Department by Contractor within sixty <br /> (60) days following termination of this contract unless otherwise provided for in the Certificate of <br /> Completìon referred to in Section 8 (C) of this contract. <br /> 6. Department shall not be liable for costs incurred or performances rendered by Contrac- <br /> tor before commencement of this contract or after termination of this contract. <br />B, Excess Pavments <br /> <br />Contractor shall refund to Department any sum of money which has been paid to Contractor by <br />Department, which Department determines has resulted in overpayment to Contractor, or which De- <br />partment determines has not been spent by Contractor strictly in accordance with the terms of this <br />contract. Such refund shall be made by Contractor to Department within thirty (30) working days <br />after such refund is requested by Department. <br />C. Limit of liability <br /> <br />Notwithstanding any other provision of this contract,. the total of all payments and other obligations <br />incurred by Department under this contract shall not exceed the sum of Five Hundred Thousand and <br />No/100 Dollars ($500,000). <br />SECTION 5. METHOD OF PAYMENT <br />A. Contractor shall submit to Department a properly completed Request for Advance or Reimburse- <br />ment Form 270, as specified by Department, as often as actually needed. Department shall deter- <br />mine the reasonableness of each amount requested and shall not make disbursement of any such <br />payment until Department has reviewed and approved such Request. <br />B. Contractor's requests for advance shall be limited to the minimum amounts needed for effective <br />operation of programs under this contract, and shall be timed as closely as possible to be in accord <br />with actual cash requirements. Contractor shall establish procedures to minimize the time elapsing <br />between the transfer of funds from Department to Contractor and shall ensure that such funds are <br />disbursed as soon as administratively possible. <br />C. Notwithstanding the provisions of Section 5 (A) of this contract, it is expressly understood and <br />agreed by the parties hereto that payments under this contract are contingent upon Contractor's fuJl <br /> Page 2 of 12 <br />
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