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6.1g ERMUSR 03-12-2024
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6.1g ERMUSR 03-12-2024
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7/31/2024 9:28:17 AM
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3/12/2024 3:12:56 PM
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City Government
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ERMUSR
date
3/12/2024
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1.13 No Authority to Bind Utility: Contractor has no authority to enter into contracts or <br />agreements on behalf of Utility. This Agreement does not create a partnership between the <br />Parties. <br />1.14 Term of this Agreement and Termination: This Agreement is effective as of the date <br />signed by both Parties and shall continue in effect until completion of the project. <br />1.15 Time is of the Essence. Time is of the essence of this Agreement. <br />1.16 Termination with Cause: In the event of a breach by the Contractor of any of the <br />provisions of the Agreement or if the Contractor does not progress on the agreed upon schedule <br />or has a lack of attention to the project, incompetence or carelessness in the performance of any <br />or part of this Agreement, or in the event that Contractor conducts work or performs this <br />Agreement in a manner that, in the sole opinion of Utility, endangers the public; the Utility's <br />customers; their equipment, property, or surrounding properties, then Utility may terminate the <br />Agreement after giving written notice to Contractor, and such default is not cured within 10-days <br />of Contractor receipt of such notice. Upon termination, Contractor shall immediately return to <br />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 <br />Contract, or any portion of the work, for its sole convenience. Any such termination shall be <br />effective by delivery of a written notice of termination to Contractor specifying the extent to <br />which the Contract and related work have been terminated with an effective date of no less than <br />30 days from receipt of the termination notice. <br />1.18 Non -Assignment of Contract: Contractor shall not assign this Agreement or any part <br />thereof, or enter any contract with any person, firm, corporation, or entity for the performance <br />of the Contractor's obligations thereunder, or any part thereof, without the prior, written <br />approval of Utility in, which approval 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 <br />not be deemed to be a waiver of such rights or a waiver of any subsequent breach. <br />1.20 Entire Agreement: This is the entire Agreement of the Parties including the exhibits and <br />additional documents attached hereto, and supersedes all prior oral and/or written <br />understandings or agreements with respect to the subject matter hereof. <br />1.21 Severability: If any part of this Agreement shall be held unenforceable, the rest of this <br />Agreement will nevertheless remain in full force and effect. <br />1.22 Amendments: This Agreement may be supplemented, amended, or revised only in <br />writing signed by both Parties. <br />201 <br />
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