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2007/11/14 Council Agenda Packet
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2007/11/14 Council Agenda Packet
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Council Agenda Packet
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11/14/2007
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8 <br /> B. The City shall be paid in the amount of Fifty Dollars ($50.00) per hour for each <br /> employee of the EPD assigned to an event pursuant to this Agreement. <br /> C. Global shall pay the City for services rendered no more than thirty (30) days <br /> following billing by City. <br /> D. Notwithstanding the provisions of Section 5, failure by Global to compensate City <br /> according to this Agreement shall give City the right to terminate this Agreement <br /> effective immediately. <br /> 5. Termination of Contract. Both parties reserve the right to terminate this Agreement at <br /> any time by sending written notice of termination to the other ("Notice"). The Notice shall <br /> specify a termination date ("Termination Date") at least sixty (60) days after the date the <br /> Notice is issued. The Notice shall be effective ("Notice Date") upon the earlier of either actual <br /> receipt (whether by fax, mail, delivery or other method reasonably calculated to be received <br /> by the other in a reasonably prompt manner) or three calendar days after issuance of the <br /> Notice. Upon the Notice Date, the City shall immediately commence to end the Work in a <br /> reasonable and orderly manner. Unless terminated for City's material breach, the City shall be <br /> paid or reimbursed for: (a) all hours worked up to the Notice Date, less all payments <br /> previously made; and (b) those hours worked after the Notice Date, but prior to the <br /> Termination Date, that were reasonably necessary to terminate the Work in an orderly <br /> manner. The Notice shall be sent by the United States Mail to the address provided herein, <br /> postage prepaid, certified or registered mail, return receipt requested, or by delivery. In <br /> addition, the Notice may also be sent by any other method reasonably believed to provide <br /> actual notice in a timely manner, such as fax. By this section, neither party waives, releases or <br /> foregoes any legal remedy for any violation, breach or non-performance of any of the <br /> provision of this Agreement. <br /> 6. Changes. Any time there is a change in the scope of the services of the City to be <br /> performed hereunder, any such change, including any increase or decrease in the scope of <br /> work (and resulting increase or decrease in compensation), shall: (a) be made only in writing <br /> and signed by an authorized City representative, (b) be explicitly identified as a Change <br /> Order/Addendum; and (c) become a part of this Agreement. <br /> 7. Subletting/Assignment of Contracts. This Agreement shall not be sublet or assigned in <br /> any manner without the prior written consent of the other party. <br /> 8. Indemnification. Global shall hold harmless, indemnify and defend the City, its officers, <br /> employees and agents from and against any and all claims, actions, suits, liability, loss, <br /> expenses, damages and judgments of any nature whatsoever, including costs and attorney's <br /> fees in defense thereof, for injury, sickness, liability or death to persons or damage to property <br /> or business, caused by or arising out of Global's negligent or intentional acts, errors or <br /> omissions in the performance of this Agreement and arising by reason of Global's participation <br /> in this Agreement. In the event of the concurrent negligence of the parties, Global's <br /> 2 <br />
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