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25E - AGMT - TAXI SRVS AT SARTC
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25E - AGMT - TAXI SRVS AT SARTC
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Last modified
7/28/2016 3:33:20 PM
Creation date
7/28/2016 2:48:26 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25E
Date
8/2/2016
Destruction Year
2021
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DO NOT RECORD <br />The amount necessary to compensate Licensor for all detriment <br />proximately caused by Licensee's failure to perform its obligations under <br />this Agreement, including the monthly license fee for up to six months, <br />during which time City shall negotiate with another provider to obtain <br />replacement taxi services. When such services are again in place, or after <br />six months, whichever occurs first, Licensee's obligation to pay monthly <br />license fee shall terminate. <br />Section 6.03 Insolvency of Licensee <br />The insolvency of Licensee as evidenced by a receiver being appointed to take possession <br />of all or substantially all of the property of Licensee, or the making of a general <br />assignment for the benefit of creditors by Licensee, or the filing of a petition in <br />bankruptcy shall terminate this Agreement and entitle Licensor to re -enter and regain <br />possession of the License Area, <br />Section 6.04 Cumulative Remedies <br />The remedies given to Licensor in this Agreement shall not be exclusive, but shall be <br />cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere <br />provided in this Agreement. <br />Section 6,05 Waiver of Breach <br />The waiver by Licensor of any breach by Licensee of any of the provisions of this <br />Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach <br />by Licensee either of the same or another provision of this Agreement. <br />ARTICLE 7 — HAZARDOUS MATERIALS <br />Section 7.01 <br />A. At the time of execution of this License, Licensor warrants that the License Area is <br />clean and contains no known hazardous materials. Licensee represents and warrants that <br />it will comply with all environmental laws during the term of this License; its use of the <br />License Area herein will not generate any hazardous substance, and it will not store or <br />dispose on the License Area nor transport to or over the License Area any hazardous <br />substance. Licensee further agrees to clean -up and remediate any hazardous substance on <br />the License Area and Property, and hold Licensor harmless from and indemnify Licensor <br />against any release of any such hazardous substance and any damage, loss, or expense or <br />liability resulting from such release including all attorneys' fees, costs and penalties <br />incurred as a result thereof. "Hazardous substance" shall be interpreted broadly to mean <br />any substance or material defined or designated as hazardous or toxic waste, hazardous or <br />toxic material, hazardous or toxic or radioactive substance, or other similar term by any <br />federal, state or local envirommental' law, regulation or rule presently in effect or <br />25E -10 <br />
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