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<br />, <br /> <br />. " <br /> <br />'-" <br /> <br />....., <br /> <br />this AGREEMENT, shall not exceed $10,000.00 during the term of this contract Upon <br />mutual written agreement of the parties, the rates may be adjusted at the end of each <br />one-year period of the AGREEMENT. Maintenance payments are payable by the <br />customer in accordance with the terms and conditions set forth herein. <br /> <br />5. Payment Schedule <br /> <br />Upon City's request, FABRICARE shall provide maintenance services to the FACILITY. <br />FABRICARE shall provide a detailed invoice of the maintenance services provided <br />each month. Payment by CITY shall be within thirty (30) days following receipt of an <br />invoice detailing work satisfactorily performed, subject to CITY accounting procedures. <br /> <br />6. Failure to Pay <br /> <br />Invoices which are not paid within thirty (30) calendar days after receipt shall result in <br />the cessation of maintenance services until payment is received. Service shall resume <br />on the same day payment is received. No credit shall be given for days on which no <br />service was performed due to late payments. <br /> <br />7. Taxes <br /> <br />The rate schedule does not include taxes and CITY shall pay for any sales, use, excise, <br />personal property or similar taxes or fees applicable to the maintenance. <br /> <br />8. Insurance <br /> <br />A. FABRICARE shall provide worker's compensation insurance as required by <br />California law. In addition, FABRICARE shall carry comprehensive general <br />liability insurance, including product, contractual, and broad form vendor's <br />coverage, with minimum limits of one million dollars ($1,000,000.00). <br />FABRICARE shall furnish to CITY a certificate of insurance indicating that such <br />insurance is in effect <br /> <br />B. Comprehensive General Liability Insurance shall contain the following clauses: <br /> <br />1) "The City of Santa Ana is added as an additional insured as respects <br />operations of the named insured performed under AGREEMENT with the <br />City of Santa Ana." <br /> <br />2) "It is agreed that any insurance maintained by the City of Santa Ana shall <br />apply in excess and not contribute with, insurance provided by this policy." <br /> <br />C. If FABRICARE fails or refuses to procure or maintain the insurance required by <br />this paragraph or fails or refuses to furnish the CITY with required proof that <br />insurance has been procured and is in force and paid for, the CITY shall have <br />the right, at the CITY's election, to forthwith terminate this AGREEMENT. <br /> <br />Page 2 of 6 <br />