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Agenda Packets - 1986/04/07
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Agenda Packets - 1986/04/07
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3/26/2025 4:11:32 PM
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3/26/2025 4:11:32 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
4/7/1986
Description
Work Session
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-i- <br />claims, damages, losses or expenses, includinq attorney <br />fees, for which it may be held liable, arising out of or <br />resulting from the assertion against them of any claims, <br />debts, or obligations in consequence of the performance of <br />this agreement by the Contractor, its employees, agents or <br />subcontractors. <br />14. Termination <br />14.1 The City shall have the right to terminate this <br />contract with 60 days notice in the event of breach thereof <br />by the Contractor. A continuing breach shalbe deemed <br />to be waived because it is not followed by prompt <br />termination. This contract shall terminate, and neither <br />party nor the officers of the City shall be liable for <br />further performance after such terpresent ofuture law <br />minain lother <br />become invalid by reason of any <br />than an ordinance of the City. <br />14.2 The work shall be done with forces which are <br />adequate to ensure the satisfactory collection and disposal <br />of said materials at all times and failure to perform shall <br />not be excused by breakdown and similar hindrances which on <br />r other work might be regarded as "acts of providence". <br />1 14.3 Upon failure of the Contractor to fulfill any of <br />the provisions of the contract, the Clerk -Administrator may <br />be authorized to 'lire such persons, or assign City employees <br />and equipment, as may be necessary, to do such work and the <br />cost and expanse thereof may be charged and deducted from <br />monies due the Contractor, collected from tho Contractur, or <br />collected by recourse to the Contractor's bond. <br />15. Penalties <br />15.1 Failure by the Contractor to conform with the <br />provisions of this agreement may result in the termination <br />of this agreement and/or cash claims by the City of damages <br />of up to $5,000. The City shall inform the Contractor of <br />such failures in writing and the Contractor shall have 30 <br />days from the date of notice to correct such failures before <br />penalty may be invoked. Minor infringements and <br />informalities of contract provisions shall not be considered <br />subject to penalty. <br />15.2 In the event of such failures, the Contractor <br />agrees to pay, in add�tion to actual damages sustained by <br />the City as a result thereof, the reasonable attorneys' fees <br />incurred by the City in pursuing any of its rights under <br />this agreement. <br />
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