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O-1992-1876
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O-1992-1876
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Last modified
11/2/2016 3:38:52 PM
Creation date
10/24/2006 5:24:15 PM
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Legislative Records
Legislative Type
Ordinance
Date
12/14/1992
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<br />. <br /> <br />e <br /> <br />5.1 In the event that the Contractor fails to pay the amounts <br />required under this agreement, or in the event the Contractor fails <br />to perform any of its other obligations contained herein, anq if <br />the Contractor has not corrected such failure within thirty (30) <br />days after receiving notice of such failure for the City, then the <br />City may terminate this Agreement thirty (3) days after giving the <br />Contractor written notice of termination. <br /> <br />5.2 In the event that the City fails to perform any of its <br />obligations contained herein, and fails to correct such failure <br />within thirty (30) days after receipt of written notice from the <br />Contractor, then Contractor may terminate this Agreement thirty <br />(30) days after giving the city written notice of termination. <br /> <br />ARTICLE VI <br /> <br />FORCE MAJEURE <br /> <br />6.1 In the event that the performance by either party of its <br />obligations and undertakings hereunder shall be prevented, <br />interrupted or delayed by acts of God, war, riot, or civil <br />commotion, compliance with any law, regulation or order of any <br />governmental body or instrumentality thereof, fire flood, breakdown <br />of equipment, inability to obtain materials, transportation or <br />energy, strikes or other labor disputes, unusually severe weather <br />or any similar event beyond its reasonable control, then <br />performance by such party shall be excused for such period of <br />time, provided such party gives notice to the other party and uses <br />its due diligence to resume performance at the earliest possible <br />time. <br /> <br />ARTICLE VII <br /> <br />MISCELLANEOUS <br /> <br />6.0 The Contractor will indemnify and save harmless the City, its <br />officers, agents, servants and employees from and against any and <br />all suits, actions, legal proceedings, claims, demands, damages, <br />costs, expenses and attorney's fees incident to any work done in <br />the performance of this Contract, including damages, penalties or <br />claims arising from the disposal of any waste by the contractor, or <br />arising out of the willful or negligent act or omission of the <br />Contractor, its officers, agents, servants and employees. However, <br />the Contractor shall not be liable for any suits, actions, legal <br />proceedings, claims, demands, damages, costs, expenses and <br />attorney's fees arising out of the willful or negligent acts of the <br />City, its officers, agents, servants and employees. <br /> <br />Page 5 of 7 <br />
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