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Donald Gilman (2)
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Donald Gilman (2)
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Last modified
5/11/2010 9:57:36 AM
Creation date
10/6/2008 11:36:43 AM
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PW_Exec
PW_Division_Exec
Administration
PWA_Project_Area
Contracts
PW_Subject
1992-00253 Consultant civil engineering
Document_Date
2/11/1992
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No
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City's payment shall be made within 30 days after Contractor's state- <br />ment. Contractor shall.not be entitled to reimbursement for travel or other <br />expenses unless specified on the attached schedule of rates. If Contractor <br />is entitled to reimbursement for any such expenses, they shall be properly <br />documented and submitted in accordance with City requirements. <br />4. Termination. <br />Notwithstanding any other provision hereof to the contrary, this"con- <br />tract may be terminated as follows: <br />4.1 The parties, by mutual written agreement, may terminate this con- <br />tract at any time. <br />4.2 Either party may terminate this contract in the event of a breach <br />of the contract by the other party. <br />4.3 The City may terminate this contract at any time or for any reason, <br />upon not less than seven days' notice in advance of the termination date. <br />4.4 City may terminate this contract immediately upon Contractor's <br />failure to have in force any insurance required by this contract. <br />Except as provided in paragraph 6 below, in the event of a termination, <br />City shall pay Contractor for work performed to the date of termination. <br />5. Remedies. <br />5.1 In the event of a termination of this contract by City because of a <br />breach by Contractor, City may complete the Work either by itself or by con- <br />tract with other persons, or any combination thereof. Contractor shall be <br />liable to City for any costs or losses incurred by City arising out of or <br />related to the breach, including costs incurred in selecting other contrac- <br />tors, time-delay losses, attorney fees and the like, less the remaining un- <br />paid balance of the consideration provided in this contract. City may with- <br />hold payment of sums due Contractor for work performed to the date of termi- <br />nation until City's costs and losses have been determined, at which time City <br />may offset any such amount due Contractor against the costs and losses in- <br />curred by City. <br />5.2 The foregoing remedies provided to City for breach of this contract <br />by Contractor shall not be exclusive. City shall 6e entitled to exercise any <br />one or more other legal or equitable remedies available because of Contrac- <br />tor's breach. <br />5.3 In the event of breach of this contract by City, Contractor's reme- <br />dy shall be limited to termination of this contract and payment for work <br />performed to the date of termination. <br />Personal Services Contract - 2 <br />
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