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09.05 - Water-Wastewater Operations Service Agreement
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06-03-2014 Council Meeting
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09.05 - Water-Wastewater Operations Service Agreement
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3.1.5. Be responsible for damage and liability to FACILITIES caused by <br /> flood, fire, Acts of God or other force majeure or misuse of <br /> property to the extent CITY was negligent regarding the misuse of <br /> property; <br /> 3.1.6. Be responsible for all property, excise and other taxes assessed <br /> against the FACILITIES; <br /> 3.1.7. Maintain in full force and effect all policies of property and <br /> commercial general liability insurance pertaining to the FACILITIES <br /> and name CONTRACTOR as an additional insured; and <br /> 3.1.8. Mowing and trimming of grass and weeds at FACILITIES. <br /> 4. TERM <br /> 4.1. The initial term of this Agreement shall be for a period of five (5) years <br /> commencing November 1, 2014 through October 31, 2019. Thereafter, <br /> this Agreement shall be automatically renewed for one year, unless <br /> written cancelation is received at least ninety (90) days prior to November <br /> 1 of each year ("Anniversary Date) by either the CITY or the <br /> CONTRACTOR. <br /> 5. TERMINATION <br /> 5.1. Notwithstanding any provision of this Agreement, this Agreement may be <br /> terminated as follows: <br /> 5.1.1. In the event of a breach or default of a material term or condition <br /> contained in this Agreement, the non-breaching Party may terminate <br /> this Agreement by providing written notice to the other Party. The <br /> other Party shall have ninety (90) days from the date of such written <br /> notice to cure the breach or default to avoid termination of this <br /> Agreement. In the event of a health or safety emergency, in CITY's <br /> sole discretion, CITY may immediately implement temporary, <br /> alternative water or wastewater operator services, which shall not <br /> constitute beach or default of this Agreement. <br /> 5.1.2. Notwithstanding paragraph 5.1.1, this Agreement may be terminated <br /> with or without cause by either Party upon one hundred eighty (180) <br /> days written notice to the other Party. In the event of termination <br /> under paragraph 5.1.2, CITY shall be obligated to CONTRACTOR <br /> for payment of amounts due and owing including payment for <br /> services performed or furnished to the date and time of termination. <br /> 5.2. If this Agreement is terminated for any reason, CITY shall notify the proper <br /> 5 <br />
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