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23A - PROJ - MAIN LIBRARY ELEVATOR
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23A - PROJ - MAIN LIBRARY ELEVATOR
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Last modified
11/1/2013 10:22:44 AM
Creation date
10/31/2013 3:39:22 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
23A
Date
11/4/2013
Destruction Year
2018
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Fax 714 - 279 -8703 <br />H. TERMINATION <br />The City reserves the right to terminate the Agreement as follows: <br />In the event Contractor fails or refuses to timely perform any of the <br />provisions of this agreement in the manner required, or if Contractor violates <br />any provision of this agreement, Contractor shall be deemed in default. City <br />shall provide written notice of such default to Contractor's project manager. <br />Contractor shall cure said default within a period of two (2) working days. If <br />such cure is not completed in a timely manner, City may terminate the <br />agreement forthwith by giving written notice to Contractor's project manager. <br />City may, in addition to the other remedies provided in this agreement or <br />authorized by law, terminate this agreement by giving written notice of <br />termination. Contractor shall be responsible for all costs incurred by City, <br />including replacement costs of equipment and labor required to provide <br />service during Contractor's default. In the event of such termination for <br />cause, City shall pay Contractor that portion of compensation specified in <br />the agreement that is earned and unpaid prior to the effective date of <br />termination. Contractor shall not be entitled to any compensation for lost <br />profits it terminated for cause. <br />2. This agreement may be terminated without cause by City upon thirty (30) <br />days written notice delivered to the Contractor either personally or by mail. <br />Upon termination, City shall pay to Contractor that portion of compensation <br />specified in the agreement that is earned and unpaid prior to the effective <br />date of termination. <br />3. In addition to, or in lieu of, remedies provided in this agreement or pursuant <br />to law, City shall have the right to withhold all or a portion of Contractor's <br />compensation for Agreement services if, in the judgment of the projects <br />manager or designee, the level of service falls below appropriate standards <br />and/or Contractor fails to satisfactorily perform Agreement services. City <br />shall have the right to retain funds withheld until the projects manager or <br />designee determines that Agreement services are performed as well and as <br />frequently as required by this agreement. <br />COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS <br />Contractor shall perform all requirements under this Agreement in strict <br />observance of and in compliance with all applicable environmental, traffic, <br />safety and any other laws, regulations, ordinances, codes and any other <br />legislative or statutory requirements. <br />2. Contractor warrants that the performance of services under this Agreement <br />shall be compliant with the current Federal, State and local requirements, and <br />as it may be amended or updated throughout the term of this Agreement. <br />3. Contractor certifies that, in addition to any requirements set forth in the <br />Scope of Work, it will comply with the following regulations, as required by <br />HUD: <br />23A -10 <br />
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