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2004-11-08 Regular Meeting, Public Hearing and Workshop Meeting
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2004-11-08 Regular Meeting, Public Hearing and Workshop Meeting
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City Meetings
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City Council
Meeting Doc Type
Minutes
Date
11/8/2004
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<br />maximum of thirty-six thousand dollars ($36,000). Additionally, Valley may proceed to enjoin <br />such unauthorized employment. If legal action is necessary to enforce this provision or to collect <br />liquidated damages, Valley shall be entitled to recover all legal expenses, including reasonable <br />attorney's fee. <br /> <br />14. Force Maieure: In the event of a business interruption other than that caused by Valley, the <br />Client shall be able to extend to Valley the term of this Agreement by as many days as are <br />involved in the business interruption. Should there be such business interruption, this Agreement <br />shall be renegotiated immediately and such renegotiated Agreement shall last the duration of the <br />business interruption. The definition of business interruption will include, but is not limited to, <br />war, public disorders, acts of enemies, sabotage, strikes, lockouts, picketing, labor difficulties, <br />fires, uncompleted construction, acts of God, accidents, or breakdown, whether or not <br />preventable, or any similar or dissimilar cause beyond the control of either party. <br /> <br />15. Event of Default and Remedies: In the event either party defaults in the performance of its <br />obligations under this Agreement and such default is not cured within ten (10) days of the receipt <br />of written notice thereof (or five (5) days in the case of an obligation to pay money), then the <br />non-defaulting party shall have the right, in addition to any other rights it may have, to terminate <br />this Agreement without further notice. If the nature of the default is such that it may not be <br />reasonably cured within ten (10) days, the defaulting party shall not be in default if appropriate <br />cure is commenced within ten (10) days and thereafter a cure is reasonably prosecuted to <br />completion. <br /> <br />16. Assignment: Neither Valley nor the Client may assign or transfer this Agreement in whole <br />or in part without the written consent of the other party. Such consent shall not be unreasonably <br />withheld. <br /> <br />17. Charges: In consideration for services provided to the Client, Valley will charge the Client <br />as per Exhibit "B". Neighborhood Centers Inc. will be responsible for all charges incurred <br />which relate to any meals served to any of its subcontractors (a list of which is attached as <br />Exhibit "C"). <br /> <br />18. Billing Rate Increase: In the event the United States Department of Labor Consumer Price <br />Index, All Urban Consumers, U.S. City Average, All Items (CPI) for the month of August <br />indicates an increase, the billing rates will be adjusted for the forthcoming contract year based <br />on such CPI percentage increase (i.e., the billing rates will be adjusted October 1 st of each year). <br /> <br />19. Billing and Payment: On or before the fifth (5th) day of each week, Valley will bill the <br />Client for the preceding week's charges. Additionally, Valley will submit a monthly statement to <br />the Client. The month end cutoff is the 25th day of the month. <br /> <br />Payments made by the Client to Valley are due within thirty (30) days of monthly statement date. <br />Unpaid invoices due Valley will bear an interest charge of eighteen percent (18%) per annum, or <br /> <br />4 <br /> <br />
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