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Agmt04 Shopping Cart ( 2)
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Agmt04 Shopping Cart ( 2)
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Last modified
7/5/2005 3:05:05 PM
Creation date
5/4/2005 10:31:38 AM
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Template:
Agreement
Contractor Name
Whole Foods
PROJECT NAME
Shopping Cart Retrieval
RMP File Number
304
Date
11/10/2004
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<br />Notwithstanding the foregoing, if, during the term or renewal term of this <br />agreement the amount of compensation payable by City to Contractor under the <br />Shopping Cart Retrieval Program is proposed to be changed, City shall give <br />Participating Owner not less than thirty (30) days' prior notice of the effective <br />date of such change. If Participating Owner agrees in writing to the revision, said <br />revised amount shall govern the calculation of payments to be made by <br />Participating Owner hereunder, and this agreement shall be deemed amended to <br />that effect. If Participating Owner does not agree in writing to the revision, City <br />may terminate this agreement, effective thirty (30) days from the date of notice by <br />City of such termination. Upon such termination, Participating Owner shall <br />comply with the provisions of Section 14.122 ("Mandatory Plan") of the <br />Ordinance. Notwithstanding the provisions of Subdivision (a) of Section 14.123 <br />of the Ordinance, Participating Owner shall submit to the Director for approval <br />the plan required under Section 14.122 within thirty (30) days of the date of <br />notice of termination pursuant to this paragraph. <br /> <br />(b) Invoices. City shall bill Participating Owner periodically for the services <br />provided hereunder. City's invoices shall include a copy of the documentation, or <br />an excerpt thereof, submitted by City's Contractor to City as claim for payment <br />for the corresponding billing period. Said documentation shall include the <br />weekly/monthly production summary and the receipts of delivery of Abandoned <br />Shopping Carts to Participating Owner by City's Contractor. Participating Owner <br />shall pay City said amounts within thirty (30) days of the date of City's invoice; <br />provided, that for any such amounts claimed by City's Contractor which City <br />disputes and for which City has notified City's Contractor that City would withhold <br />payment, City shall likewise notify Participating Owner of said dispute, and <br />Participating Owner shall not be obligated to pay such amount until the dispute is <br />resolved. <br /> <br />4. Termination for Nonpayment. If Participating Owner shall fail to pay any <br /> <br />amount billed by City within the time hereinabove specified, City may terminate this <br /> <br />agreement, effective thirty (30) days from the date of notice by City of such termination, <br /> <br />provided, that if Participating Owner shall pay all amounts due plus interest, within said <br /> <br />30-day period, this agreement shall be in full force and effect. Upon such termination, <br /> <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 /> <br />14.123 of the Ordinance, Participating Owner shall submit to the Director for approval <br /> <br />the plan required under Section 14.122 within thirty (30) days of the date of notice of <br /> <br />Atty/Agr/Abandoned Shopping Cart Retrieval <br /> <br />5 <br /> <br />................_..,......._--_....._~.....-..... <br />
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