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GJN4168 Trillium Gardens Contract
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GJN4168 Trillium Gardens Contract
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Last modified
10/18/2011 11:10:06 AM
Creation date
6/25/2008 3:05:13 PM
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PW_Capital
PW_Document_Type_Capital
Contracts
PW_Active
No
External_View
No
GJN
004168
GL_Project_Number
935076
COE_Contract_Number
2004-05417
Retention_Destruction_Date
9/13/2014
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connection with or which is the subject of this contract, or the appointment of a receiver or <br /> trustee for all or substantially all of Contractor's assets; or <br /> 15.3 Contractor's failure to maintain any license, permit, certification, bond or other authorization <br /> required by Federal, State or local law or regulations for performance of the Services or any <br /> portion thereof. <br /> 16. Termination. Notwithstanding any other provision to the contrary, this contract maybe terminated <br /> as follows: <br /> 16.1 By mutual written agreement of the parties at any time; <br /> 16.2 Upon written notice from City to Contractor of the occurrence of an event of default; or <br /> 16.3 By written notice from City to Contractor at any time or for any reason, upon not less than <br /> 30 days' notice in advance of the termination date. <br /> Notice under paragraph 16.2 may be given at the same time as the notice under paragraph 15.1, with <br /> termination contingent upon Contractor's failure to perform within the time specified in paragraph <br /> 15.1. Except as provided in paragraph 17 below, in the event of a termination, City shall pay <br /> Contractor for the Services performed to the date of termination. Any claim for relief City may <br /> have as a result of a default by Contractor shall survive termination of this contract. <br /> 17. Obligations on Termination. Upon termination of this contract for any reason, Contractor shall <br /> promptly and peaceably remove itself, its officers, its. employees and all its personal property from <br /> the location of performance of the Services. Contractor shall leave City's property and equipment <br /> in good condition and repair and in good working order, reasonable wear and tear excepted. If <br /> Contractor fails to remove its property, City may, at Contractor's sole expense, remove the same to <br /> a public warehouse for storage or retain the same in its own possession. If such property is not <br /> claimed by Contractor within 10 days after the termination date, City may sell the same at public <br /> auction, the proceeds to be applied first to the expenses of removal, storage and sale, then to any <br /> sums owed by Contractor to City, with any balance remaining to be paid to Contractor. If the <br /> expenses of removal, storage and sale exceed the proceeds of sale, Contractor shall promptly pay <br /> such excess to City upon demand. <br /> 18. City's Right to Act. If Contractor fails to perform any obligation under this contract, City shall <br /> have the right but not the obligation to take the action that Contractor failed to take, or to engage an <br /> independent party to take such action, after giving at least five days' notice to Contractor in advance <br /> of taking such action, except in the event of an emergency, as determined by City, in which case no <br /> advance notice shall be required. If City takes such action, Contractor shall promptly pay to City, <br /> upon demand, the sum or sums expended or incurred by City and the value of the service performed <br /> by City. Any action taken by City under these provisions shall not constitute a waiver by City of <br /> Contractor's default. <br /> 19. Standard Contract Provisions. Contractor shall comply with City's Standard Contract Provisions, <br /> a copy of which is attached hereto as Exhibit A. <br /> <br /> Non-Facility Trade Service Contract-Page 5 <br /> (Revised December 1997) <br /> <br />
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