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Agmt01 MCH General Engineering
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Agmt01 MCH General Engineering
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Last modified
8/25/2005 10:50:20 AM
Creation date
4/23/2002 12:09:05 PM
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Template:
Agreement
Contractor Name
MCH General Engineering Contractors
PROJECT NAME
Bike path improvement
RMP File Number
304
Date
5/15/2001
Reso Ref
14154 14196
MO Ref
01-174
Box
5971
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<br />5. <br /> <br />The interest earned on the securities or the money market accounts held in escrow and all interest <br />earned on that interest shall be for the sole account of Contractor and shall be subject to <br />withdrawal by Contractor at any time, and from time to time, without notice to the Owner. <br /> <br />6. <br /> <br />Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account <br />only by written notice to the Escrow Agent accompanied by written authorization from the owner <br />to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be <br />withdrawn by Contractor. <br /> <br />7. <br /> <br />The Owner shall have a right to draw upon the securities in the event of default by the Contractor. <br />Upon seven days written notice to the Escrow Agent from the Owner of the default, and without <br />requiring the agreement or consent of contractor the Escrow Agent shall immediately convert the <br />securities to cash and shall distribute the cash as instructed by the Owner. <br /> <br />8. <br /> <br />Upon receipt of written notification from the Owner certifying that the Contract is final and <br />complete, and that the Contractor has complied with all requirements and procedures applicable <br />to the Contract. Escrow Agent shall release to Contractor all securities and interest on deposit less <br />escrow fees, and charges of the Escrow Account. The escrow shall be closed immediately upon <br />disbursement of all moneys and securities on deposit and payment of fees and charges. <br /> <br />9. <br /> <br />Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant <br />to Section (5) to (8), inclusive, of this agreement and the Owner and Contractor shall hold Escrow <br />Agent hannless from Escrow Agent's release and disbursement of the securities and interest as <br />set forth above. <br /> <br />10. <br /> <br />The names of the persons who are authorized to give written notice or to receive written notice on <br />behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars <br />of their respective signatures are as follows: <br /> <br />On Behalf of Owner: <br /> <br />On Behalf of Contractor: <br /> <br /> <br />M.c.H. General Engineering Contractors, Inc. <br /> <br />Title <br /> <br />~:Y tL61Q 1 <br />Namf;;?¡ j~ <br /> <br />Dean M. Romeo, Controller <br /> <br />~~q~ <br /> <br />Signature <br /> <br />Signature <br /> <br />~.o. ~x. ð'\ \ <br />Ad~A~ ~ <br /> <br />1817 Stone Avenue <br /> <br />C4 q1a;~ <br /> <br />San Jose, CA. 95125-1311 <br /> <br />r- <br />
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