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25H - AGMT - STREET SWEEPING SERVICES
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07/16/2012
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25H - AGMT - STREET SWEEPING SERVICES
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Last modified
7/12/2012 5:31:47 PM
Creation date
7/12/2012 5:31:28 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25H
Date
7/16/2012
Destruction Year
2017
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Should the performance of any act required by this Agreement to be performed by either City or Athens be <br />prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, <br />restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the <br />party required to perform the act, the time for performance of the act will be extended for a period equivalent <br />to the period of delay, and performance of the act during the period of delay will be excused. <br />Compliance with Laws <br />Athens shall at Athens' own cost and expense comply with all statutes, ordinances, regulations, and <br />requirements of all governmental entities, including federal and state, county and municipal, relating to <br />Athens' use and occupancy of the Premises whether such statute, ordinances, regulations, and requirements <br />be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the <br />admission by Athens in a proceeding brought against Athens by any government entity, that Athens has <br />violated any such statute, ordinance, regulation, or requirement shall be conclusive as between City and <br />Athens and shall be considered grounds for termination of this Agreement by City. Athens will obtain all <br />permits and other governmental approvals, required in connection with Athens' activities hereunder, and <br />update such permits/approvals as necessary. <br />Partial Invalidity <br />Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, <br />void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect <br />unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially <br />impaired. <br />Waste or Nuisance <br />Athens shall not commit or permit the commission by others of any waste on the Premises. Athens shall not <br />maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 <br />and/or Section 3480 of the California Civil Code on the Premises; and Athens shall not use or permit the use <br />of the Premises for any unlawful purpose. <br />25H-28
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