CC PACKET 10252005 - Laserfiche WebLink

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«, 10. I) IT i?Aui;.r AND CANCELLATION a. If the CITY fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the City's default isexcused bytb.e COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agrecment shall be just cause for the COUNTY for delaying payment until the City's compliance. Iii the event of a decision to withhold payment, the COUNTYshall furnish prior written notice to the CITY. b. Notwithstanding any provision of this Agreemorrt to the contrary, the CITY shall not be relieved of liability to the COUNTY for damages sustained,by the COUNTY by virtue of any breach of this Agreement by the CITY. C. l!pon early termination or cancellation of this Agreement, the CI'T'Y shall itemize any and all grant funds expenditmcs up to the date of termination or cancellation and tum Such grant: f , '3s no' yei: expended. d. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this contract, law, statute, rule, and/or equity. C, The COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemcd a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. 1'. This Agreement may be canceled wiiJ,n or without cause by either party upon thirty (30) days' written notice. g. - In the event the COUNTY does not receive any SCORE funds, this Agreenent will be terminated upon written notice by the COUNTY. 11. CONTRACT ADMINISTRATION In order to coordinate the services of the CITY with the activities of the Department of Environmental Services so as to accomplish the purposes of this contact, Carl Michaud, Solid Waste and Recycling Program Manager, or his or her successor, shall manage this contact on behalf of the COUNTY and serve as liaison between the COUNTY and the CITY.