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ELLER MEDIA COMPANY 1-2000
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ELLER MEDIA COMPANY 1-2000
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Last modified
1/3/2012 2:59:21 PM
Creation date
8/25/2005 11:18:37 AM
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Contracts
Company Name
Eller Media Company
Contract #
A-2000-179
Agency
Public Works
Expiration Date
12/8/2010
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<br />. <br /> <br />. <br /> <br />Installation Schedule, where such failure continues for more than thirty (30) days <br />after service of notice by the CITY as provided above. <br /> <br />4. The failure to maintain the bus shelter, bus benches, and the required <br />improvements pursuant to this Agreement in the state of repair required, and in a <br />clean, sanitary, safe and satisfactory condition, where such failure continues for <br />more than thirty (30) days after written notice from the CITY for correction <br />thereof, provided that where fulfillment of such obligation requires activity over a <br />period of time and GRANTEE shall have immediately, following receipt of such <br />notice, commenced to perform whatever may be required to cure the particular <br />default and continues such performance diligently, said time limit may be waived <br />in the manner and to the extent allowed by the CITY. <br /> <br />5. The failure of GRANTEE to keep, perform, and observe all other promises, <br />covenants, conditions, and agreements set forth in this Agreement, where such <br />failure continues for more than thirty (30) after written notice from the CITY for <br />correction thereof, provided that where fulfillment of such obligation requires <br />activity over a period of time and GRANTEE shall have commenced to perform <br />whatever may be required to cure the particular default within ten (10) days after <br />such notice and continues such performance diligently, said time limit may be <br />waived in the manner and to the extent allowed by the CITY. <br /> <br />6. The filing of a voluntary petition in bankruptcy by the GRANTEE; the <br />adjudication of GRANTEE as bankrupt; the appointment of any receiver of <br />GRANTEE'S assets; the making of a general assignment for the benefit of <br />creditors; a petition or answer seeking an arrangement for the reorganization of <br />the GRANTEE under any Federal Reorganization Act, including petitions or <br />answers under Chapters X or XI of the Bankruptcy Act; the occurrence of any act <br />which operates to deprive the GRANTEE permanently of he rights, powers, and <br />privileges necessary for the proper conduct and operation of the bus shelters; the <br />levy of any attachment or execution which substantially interferes with the <br />GRANTEE'S operations under this Agreement and which attachment or <br />execution is not vacated, dismissed, stayed or set aside within a period of ninety <br />(90) days. <br /> <br />19. RIGHT OF ENTRY <br /> <br />Should the GRANTEE be deemed deficient, as determined by the CITY, in its <br />performance of its obligations, the CITY in addition to all other available remedies may, <br />but shall not be so obliged to, correct GRANTEE'S deficiencies using CITY forces, <br />equipment, and materials, or by employing a separate private GRANTEE. CITY's costs <br />so incurred, including direct and indirect overhead costs as determined by the CITY, shall <br />be reimbursed to the CITY by the GRANTEE and/or its sureties within thirty (30) days <br />of demand thereof. <br /> <br />9 <br />
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