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Agmt00 Mark Thomas Co, Inc
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Agmt00 Mark Thomas Co, Inc
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Last modified
11/4/2008 8:38:16 PM
Creation date
6/23/2005 8:40:08 AM
Metadata
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Template:
Agreement
Contractor Name
Mark Thomas Co, Inc
PROJECT NAME
woodside Road widening project
RMP File Number
304
Date
8/28/2000
Reso Ref
13983
Box
6589
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<br />the performance of such services occasioned by governmental reviews of <br /> <br />Consultant's work product or other unavoidable delays occasioned by <br /> <br />circumstances; provided, further, that such unavoidable delay shall not include <br /> <br />strikes, lockouts, work stoppages, or other labor disturbances conducted by, or <br /> <br />on behalf of, Consultant's officers or employees. <br /> <br />Consultant acknowledges the importance to City of City's Project <br />schedule and agrees to put forth its best professional efforts to perform its <br /> <br />services under this Agreement in a manner consistent with that schedule. City <br /> <br />understands, however, that Consultant's performance must be governed by <br /> <br />sound engineering practices. <br /> <br />9. <br /> <br />TERM: TERMINATION. <br /> <br />(a) The term of this Agreement shall <br /> <br />commence upon the date first hereinabove written and shall expire upon <br /> <br />completion of performance of services hereunder by Consultant. <br /> <br />(b) <br /> <br />Notwithstanding the provisions of (a) above, either party may <br /> <br />terminate this Agreement without cause by giving written notice thereof not less <br /> <br />than ten (10) days prior to the effective date of termination, which date shall be <br /> <br />included in said notice. In the event of such termination, City shall compensate <br /> <br />Consultant for services rendered, and reimburse Consultant for costs and <br /> <br />expenses incurred, to the date of termination, calculated in accordance with the <br /> <br />provisions of paragraph 2. In ascertaining the services actually rendered to the <br /> <br />date of termination, consideration shall be given both to completed work and <br /> <br />work in process of completion. Nothing herein contained shall be deemed a <br /> <br />Agmt-388 <br />F :\shared\R edwood\Council <br />DES:djk <br />08/11/00 <br /> <br />4 <br /> <br />, "...... .., "..--,..... <br /> <br />.. .. .._-_...._......~.. .. <br />
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