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Agmt02 Shopping Cart ( 7)
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Agmt02 Shopping Cart ( 7)
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Last modified
8/11/2005 4:50:02 PM
Creation date
3/4/2002 11:38:30 AM
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Template:
Agreement
Contractor Name
Foodsco #353
PROJECT NAME
Abandoned Shopping Cart Retrieval
RMP File Number
304
Date
11/30/2001
Box
5959
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11~25/01 WED 07:28 FAX ~006 <br />11/25/2BB1 ~2:4~ 6507~07~48 RC I~JZLDIHG p~;E 05 <br /> <br /> 4. Termination for Nenoavment. If participating Owner shall fail to pay any <br /> amount billed by City within the time herelnabove specified, City may terminate this <br /> agreerrtent, effective thirty (30) days from the date of notice by City of such termination, <br /> provided, that if participating Owner shail pay all amounts due plus interest, within said <br /> 30-day period, this agreement shell be in full force and effect. Upon such termination. <br /> Participating Owner shall comply with the provisions of Section 14,122 ('Mandatory <br /> Plan') of the Ordinance. Notwithstanding the provisions of subdivision (a) of Section <br /> 14.123 of the Ordinance, Participating Owner shall submit to I~e Director for approval <br /> the plan required under Section 14,122 within thirty (30) days of the date of notice of <br /> termination pursuant to this paragraph. The provisiorls of this paragraph are <br /> cumulative, and in addition to such other grounds for terr~inat~on and such other rights <br /> and remedies which City may exercise and seer, for any default or breach by <br /> Participatiflg Owner of Participating Owner's duties atld obligatiorls hereunder or under <br /> the Ordinance. <br /> $. ?hifd Pan BeneficiarY. The parUes acknowledge ar~t agree that <br /> Participating Owner is a ~ird paRy beneficiary of the RMdeval ,~ervice Agreement. <br /> Therefore, subject to City's wdtten conseht {v~lc~ shall not ~'~easonably be withheld). <br /> Participating Owner .may enfor~ provisions of the Retrieval Service Agreemer~t with <br /> respect to any failure of Contractor to perform services for Participating Owrter <br /> thereunder and in conformance with this agreement. Notwithstanding the foreg0ing, <br /> prior to exercising any such fight~ Participating Owner shall provide City a detailed <br /> statement of participetirlg Owners claim or claims against Contractor.. Upon such <br /> notification, City may commence an actiort or take at4¢h other legal or equitable <br /> recoume as City shall determine (including, without limitation, non-judicial alternative <br /> <br /> <br />
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