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25A - AGMT W/ VERIZON
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25A - AGMT W/ VERIZON
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Last modified
11/25/2020 12:13:49 PM
Creation date
11/25/2020 12:06:21 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Information Technology
Item #
25A
Date
12/1/2020
Destruction Year
2025
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30. Defaults and Remedies <br />a. The occurrence of any of the following events shall be an event of default under this Master <br />Agreement: <br />(1) Nonperformance of contractual requirements; or <br />(2) A breach of any material term or condition of this Master Agreement; or <br />(3) Any certification, representation or warranty by Contractor in response to the <br />solicitation or in this Master Agreement that proves to be untrue or materially misleading; <br />or <br />(4) Institution of proceedings under any bankruptcy, insolvency, reorganization or similar <br />law, by or against Contractor, or the appointment of a receiver or similar officer for <br />Contractor or any of its property, which is not vacated or fully stayed within thirty (30) <br />calendar days after the institution or occurrence thereof that impairs Contractor's ability <br />to perform under the contract; or <br />(5) Any default specified in another section of this Master Agreement. <br />b. Upon the occurrence of an event of default, the Lead State shall issue a written notice of <br />default, identifying the nature ofthe default, and providing a period of 15 calendar days in which <br />Contractor shall have an opportunity to cure the default. <br />Upon the occurrence of an event of default for Category 3 Products, the Lead State shall issue a <br />written notice of default and identify the nature of the default. Contractor shall have sixty (60) <br />days to cure, unless otherwise agreed by the Purchasing Entity and the Contractor in light of the <br />circumstances. <br />The Lead State shall not be required to provide advance written notice or a cure period and may <br />immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole <br />discretion, determines that it is reasonably necessary to preserve public safety or prevent <br />immediate public crisis. Time allowed for cure shall not diminish or eliminate Contractor's <br />liability for damages. <br />c. If Contractor is afforded an opportunity to cure and fails to cure the default within the period <br />specified above in Section b, Contractor shall be in breach of its obligations under this Master <br />Agreement and the Lead State shall have the right to exercise any or all of the following remedies: <br />(1) Exercise any remedy provided by law; <br />(2) Terminate this Master Agreement and any related Orders or portions thereof; <br />(3) (Intentionally Omitted); <br />(4) Suspend Contractor from being able to respond to future bid solicitations; <br />(5) Suspend Contractor's performance; and <br />(6) Withhold payment until the default is remedied. <br />VerizeZSXc 29t A <br />
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