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MJP:mmg 03/07/89 (~40/005) <br /> MJP:m~ 03/13/89R <br /> <br /> is less than thirty three thousand two hundred and sixty two <br /> dollars and fifty cents ($33,262.50), City will promptly refund <br /> to Ampex any amount of such deposit which exceeds one half of the <br /> total costs incurred. <br /> <br /> B. BILLING FOR ADDITIONAL COSTS. City shall bill <br />Ampex for the costs of services performed pursuant to this <br />Agreement, which exceed thirty three thousand two hundred sixty <br />two dollars and fifty cents ($33,262.50), in writing, within <br />thirty days of the performance of such services. Ampex shall pay <br />the amount billed to City within thirty days of the date of the <br />City's billing. <br /> <br /> 4. COMPLETION OF WORK. City and Ampex agree that all <br />sidewalk repair and tree replacement services provided pursuant <br />to this Agreement shall be completed within sixty (60) days of <br />the execution of this Agreement. <br /> <br /> However, City and Ampex may extend the time for completion <br />of these services by written agreement. <br /> <br /> 5. TERMINATION. Either City or Ampex may terminate this <br />Agreement without cause by giving the other party written notice <br />of the termination prior to the commencement of work pursuant to <br />this Agreement. <br /> <br /> 6. HOLD HARMLESS AND INDEMNIFICATION. Ampex agrees to <br />hold harmless, indemnify, and defend the City, and its Council, <br />Boards, Commissions, officers, employees, and agents from any and <br />all claims for liability, losses or damage arising out of, or <br />alleged to arise, solely from the willful or negligent acts, <br /> <br /> <br />