1997-04-14 Regular Meeting of City Council

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a • The term of this contract will be for a period of one (1) year with an option to renew annually for a total of two (2) additional years provided both parties agree in writing to the extension. If at any time, in the opinion of the City of La Porte, the Concessionaire has failed to render services of proper quality, or has failed in any other respect to perform as •specified and intended in and by the terms of the contract, notice thereof in writing will be served; and should the Concessionaire neglect or refuse to provide means for a satisfactory compliance with the agreement, directed by the City, within the time specked in such notice, the City shall have the power to suspend the operation of the contract. Upon such suspension, the Concessionaire 's control shall terminate and thereupon the Council of the City or its duly authorized representative may employ other parties to carry the contrail to completion in such manner as the Council may deem proper. Any excess cost arising therefrom will be charged against the Concessionaire and his sureties, who will be liable therefore. In the event of such suspension and cancellation, all money due the Concessionaire or retained under terms of the contract shall be forteited to the City, but such forfeiture will not release the Concessionaire for his sureties from liability for failure to fulfill the contract. The Concessionaire and his sureties will be credited with the amount of money so forteited toward any excess cost incurred, arising from the suspension of the contract and the completion of it by the City of La Porte as provided, and the Concessionaire will be credited with any surplus remaining after all just claims for such completion have been paid. XI. This instrument contains the entire agreement between the parties relating to the rights granted in the contract and the obligations assumed as a part of the contract. Any representations or modfications concerning this contract shall have no force or effect unless modfied in writing, and signed by each party to the agreement. XII. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this contract shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this contract.