Reso 2009-1434 - Laserfiche WebLink

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Agreement; 32.1.3 Failure of the City to pay the Contractor any properly presented and authorized payment within 30 days after approval and subsequent to an additional 30 days after notification from the Contractor in writing of such failure. 32.2 Contractor shall provide written notice of its intent to terminate to the City and the City shall have the right to cure the event giving rise to the right of termination within thirty (30) days after receipt of Contractor's notice. The Contractor may extend the City's cure period at its sole discretion or terminate the Agreement upon failure of the City to cure such event in the specified timeframe. In such event the Contractor shall be entitled to recover from the City any costs for work performed in accordance with the Agreement for which payment has not been made. Contractor agrees that this is its exclusive remedy for the City's default or for the occurrence of an event of termination and that the City shall not be liable to Contractor for any consequential or special damages. ARTICLE 33. UNDISCLOSED LOBBYIST OR AGENT - TERMINATION Contractor warrants that it has not employed or retained any company or person to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. The City or its designee shall have the right to terminate this Agreement, without giving Contractor the opportunity to Cure, in the event of a breach of this prOVISIOn. ARTICLE 34. PUBLIC ENTITY CRIMES In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or sub- consultant under a contract with the City, and may not transact any business with the City in excess of certain amounts provided in Section 287.017, Florida Statutes. Violation of this section by Contractor shall result in termination of this Agreement and may result in Contractor's debarment. ARTICLE 35. MATERIALITY AND WAIVER OF BREACH 35.1 The City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this