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5.5a ERMUSR 02-13-2024
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5.5a ERMUSR 02-13-2024
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7/31/2024 9:23:58 AM
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2/12/2024 12:40:28 PM
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City Government
type
ERMUSR
date
2/13/2024
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1.16 Termination with Cause: In the event of a breach by the Contractor of any of the provisions of the <br />Agreement or if the Contractor does not progress on the agreed upon schedule or has a lack of attention to <br />the project, incompetence or carelessness in the performance of any or part of this Agreement, or in the <br />event that Contractor conducts work or performs this Agreement in a manner that, in the sole opinion of <br />Utility, endangers the public, the Utility's customers, their equipment, property, or surrounding properties, <br />then Utility may terminate the Agreement after giving written notice to Contractor, and such default is not <br />cured within 10-days of Contractor receipt of such notice. Upon termination, Contractor shall immediately <br />return to Utility, its meters, and any other property of Utility. <br />1.17 Termination for Convenience. Utility reserves the right, at any time, to terminate this Contract, or <br />any portion of the work, for its sole convenience. Any such termination shall be effective by delivery of a <br />written notice of termination to Contractor specifying the extent to which the Contract and related work <br />have been terminated with an effective date of no less than 30 days from receipt of the termination notice. <br />1.18NonAssignmentofContract: Contractor shall not assign this Agreement or any part thereof, or <br />enter any contract with any person, firm, corporation, or entity for the performance of the Contractor's <br />obligations thereunder, or any part thereof, without the prior, written approval of Utility in, which approval <br />will not be unreasonably withheld, conditioned, or delayed. <br />1.19 Non -Waiver.' The failure of either Party to exercise its rights under this Agreement shall not be <br />deemed to be a waiver of such rights or a waiver of any subsequent breach. <br />1.20Entire Agreement.• This is the entire Agreement of the Parties including the exhibits and attached <br />hereto and supersedes all prior oral and/or written understandings or agreements with respect to the <br />subject matter hereof. <br />1.21.Severabi/ity: If any part of this Agreement shall be held unenforceable, the rest of this Agreement <br />will nevertheless remain in full force and effect. <br />1.22AmendmentS. This Agreement may be supplemented, amended, or revised only in writing signed by <br />both Parties. <br />1.2.3 Warranty. -The installation services shall have a 12-month warranty on all craftsmanship based on <br />installation date. <br />This contract incorporates, herein by reference, the terms,and conditions of the following documents. If <br />135 <br />
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