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O-1991-1763
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O-1991-1763
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Last modified
11/2/2016 3:38:50 PM
Creation date
10/25/2006 4:40:23 PM
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Legislative Records
Legislative Type
Ordinance
Date
6/24/1991
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<br />e <br /> <br />e <br /> <br />ARTICLE 7. Amendments. <br /> <br />Changes in time frame, character, cost or obligations herein <br />shall be enacted by written amendment. All amendments to this <br />Agreement mUst be executed by both parties within the contract <br />period specified in Article 1. <br /> <br />ARTICLE 8. Successors and Assigns. <br /> <br />The state and the City shall not assign or otherwise <br />transfer its rights and obligations under this Agreement except <br />with prior written consent of the other party, and any prohibited <br />assignment or transfer shall be null and void. <br /> <br />ARTICLE 9. Remedies. <br /> <br />Violation or breach of contract terms' by the City shall be <br />grounds for termination of the Agreement, and any increased cost <br />arising from the City's default, breach of contract or violation <br />of terms shall be paid by the City. This Agreement shall not be <br />considered as specifying the exclusive remedy for any default, <br />but all remedies existing at law and in equity may be availed of <br />by either party and shall be cumulative. <br /> <br />ARTICLE 10. Insurance. <br /> <br />At the time of execution (signature) of the Agreement by the <br />City, the City shall attach required insurance documentation to <br />each Agreement counterpart. ' <br /> <br />If the City is a self-insured entity and performs any work <br />on the project with City Forces, the City shall extend the <br />protection of its self-insurance to the state for any and all <br />damages and injuries arising from the City's performance under <br />this Agreement. <br /> <br />If the City is not a self-insured entity and performs any <br />work on the Project with City Forces, the City shall furnish the <br />state with a,completed Certificate of Insurance (SDHPT Form <br />20.102), and label such documentation EXHIBIT c. <br /> <br />If the City performs any work on the Project through a <br />contractor or contractors selected through the City's low-bid <br />procedure, the City shall require its contractor or contractors <br />to furnish the State with a completed certificate of Insurance, <br />(SDHPT Form 20.102), and shall insure the contractor or <br />contractors maintain such insurance during the term of the <br />Agreement. <br /> <br />Page 5 of 7 <br /> <br />Draft, D-18L, 6/11/91 <br />
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