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Joint Use Kimberly-Clark Worldwide Inc. Amend 1
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Joint Use Kimberly-Clark Worldwide Inc. Amend 1
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Last modified
8/4/2017 10:22:32 AM
Creation date
8/4/2017 10:22:25 AM
Metadata
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Template:
Contracts
Contractor's Name
Kimberly-Clark
Approval Date
8/31/2015
Council Approval Date
8/19/2015
Department
Public Works
Department Project Manager
Dave Davis
Subject / Project Title
Joint Use Deep Water Outfall
Amendment/Change Order
Amendment
Amendment/Change Order Number
1
Total Compensation
$0.00
Contract Type
Real Property
Retention Period
10 Years Then Transfer to State Archivist
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16.1 To secure performance of its obligations hereunder,K C the Owner-Participant hereby <br /> grants and conveys to the Non-Owner Participant the City a security interest in the real <br /> and personal property of the Joint Use Facilities.The parties agree to execute such <br /> other documents as may be reasonably necessary to perfect the security interests <br /> granted herein,(e-g., deeds of trust or financing statement). The security interests <br /> granted by this Agreement may be exercised in the event of default by the non- <br /> defaulting Participant and shall be subordinated to security interests subsequently <br /> granted by a Participant in the ordinary course of financing a Participant's ordinary <br /> business. <br /> 17 Section 17 of the Joint Use Agreement is hereby terminated and shall be of no further <br /> force or effect <br /> 18 The Owner-Participant shall determine the types, coverages, forms and amount of <br /> insurance to be carried on the Facilities. K C The Owner-Participant shall maintain <br /> such insurance.The Non-Owner Participant shall be endorsed as an additional named <br /> insured in any policy insuring the Joint Use Facilities. If the Joint Use Facilities are <br /> added to the Owner-Participant's K C's insurance for its other infrastructure the K C <br /> Mill,and there is a resulting increase in K C's the Owner-Participant's premium,K-G <br /> the Owner-Participant may include the amount of any premium increase in the Annual <br /> O&M Budget. <br /> 20 The condition subsequent in Section 20 of the Joint Use Agreement has been satisfied <br /> so such Section 20 is hereby terminated and shall be of no further force or effect. <br /> 21.1 All expenses submitted to the Participants the City shall be subject to inspection,audit <br /> and copying by the other Participants City or its-audit their authorized representatives <br /> during normal K C business hours. K C The Participants shall each retain all of its <br /> records of Joint Use Facilities costs and expenses for not less than three years after <br /> final acceptance of any contracts let or awarded for the Joint Use Facilities. <br /> 19 <br />
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