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Reso 2009-1460
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Reso 2009-1460
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Last modified
7/1/2010 9:43:09 AM
Creation date
11/19/2009 11:37:49 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2009-1460
Date (mm/dd/yyyy)
09/17/2009
Description
Ratify Agmt Tally Eng Threshold Inspection Srvs:Heritage Pkg Garage RFQ 09-05-01
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<br />24. CONFLICTING PROVISIONS. The terms and conditions in this agreement <br />supersede any other conflicting provisions that are contained in any other document. <br /> <br />25. MISCELLANEOUS. <br />a. The rights granted to Consultant hereunder are nonexclusive, and the City <br />reserves the right to enter into agreements with other persons or firms to perform services <br />including those provided hereunder. <br /> <br />b. Consultant and its employees shall promptly observe and comply with applicable <br />provisions of all published federal, state and local laws, rules and regulations which <br />govern or apply to the services rendered by Consultant hereunder, or to the wages paid by <br />Consultant to its employees. <br /> <br />c. Consultant shall obtain and keep in force during the term of this Agreement all <br />necessary licenses, registrations, certificates, permits and other authorizations as are <br />required by law in order for Consultant to render the service(s) required hereunder. <br /> <br />d. Consultant shall not use the name or official seal of the City in any promotional <br />material without the prior written consent of the City. <br /> <br />e. Except as expressly provided for in this Agreement, Consultant is not authorized <br />to act as the City's Agent hereunder and shall have no authority, expressed or implied, to <br />act for or bind the City hereunder, either in Consultant's relations with sub-Consultants, <br />or in any other manner whatsoever. <br /> <br />f The terms and conditions of this Agreement shall prevail over any contrary or <br />inconsistent terms in any other documents. <br /> <br />26. FORCE MAJEUREIINTERRUPTION. Neither party shall be liable for any <br />failure to perform any of its obligations under this Agreement (except payment <br />obligations) due to unforeseen circumstances or causes beyond the party's reasonable <br />control, including without limitation, acts of God, riot, embargoes, acts of governmental <br />authorities, fire, earthquake, flood, accident, strikes, or inability to secure transmission <br />facilities ("Force Majeure"). <br /> <br />27. ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement <br />between the parties with respect to the subject matter hereof, and it shall supersede all <br />previous and contemporaneous oral and written negotiations, commitments, agreements <br />and understanding relating hereto. This Agreement may be executed in multiple identical <br />counterparts, each of which shall be deemed an original for all purposes. <br /> <br />28. AMENDMENT. Any modification of this Agreement shall be effective only if in <br />writing and signed by the parties to this Agreement. No waiver of any provision of this <br /> <br />C0809-059 TALL ENGINEERlNG, lNC. CONSULTlNG ENGINEERS AGREEMENT <br />
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