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10-07-01
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RFP No. 10-07-01 Towing Services
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10-07-01
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Last modified
11/5/2010 4:48:20 PM
Creation date
11/5/2010 4:46:52 PM
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CityClerk-Bids_RFP_RFQ
Project Name
Professional Towing Services for SIB PD
Bid No. (xx-xx-xx)
10-07-01
Project Type (Bid, RFP, RFQ)
RFP
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<br />IV. the Contractor has become insolvent (other than as interdicted by the bankruptcy <br />laws), or has assigned the proceeds received for the benefit of the Contractor's <br />creditors, or the Contractor has taken advantage of any insolvency statute or <br />debtor/creditor law or if the Contractor's affairs have been put in the hands of a <br />receIver; <br /> <br />v. the Contractor has failed to obtain the approval of the City where required by this <br />Agreement; <br /> <br />VI. the Contractor has failed to provide "adequate assurances" as required under <br />subsection "b" below; and <br /> <br />V11. the Contractor has failed in the representation of any warranties stated herein. <br /> <br />b) When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to <br />the Contractor's ability to perform the Services or any portion thereof, the City may request <br />that the Contractor, within the time frame set forth in the City's request, provide adequate <br />assurances to the City, in writing, of the Contractor's ability to perform in accordance with <br />terms of this Agreement. Until the City receives such assurances the City may request an <br />adjustment to the compensation received by the Contractor for portions of the Services <br />which the Contractor has not performed. In the event that the Contractor fails to provide to <br />the City the requested assurances within the prescribed time frame, the City may: <br /> <br />1. treat such failure as a repudiation of this Agreement; <br /> <br />111. resort to any remedy for breach provided herein or at law, including but not limited to, <br />taking over the performance of the Services or any part thereof either by itself or <br />through others. <br /> <br />c) In the event the City shall terminate this Agreement for default, the City or its designated <br />representatives may immediately take possession of all applicable equipment, materials, <br />products, documentation, reports and data. <br /> <br />ARTICLE 27. NOTICE OF DEFAULT - OPPORTUNITY TO CURE ffERMINATION <br /> <br />If an Event of Default occurs, in the determination of the City, the City may so notify the <br />Contractor ("Default Notice"), specifying the basis for such default, and advising the Contractor <br />that such default must be cured immediately or this Agreement with the City may be terminated. <br />Notwithstanding, the City may, in its sole discretion, allow the Contractor to rectify the default to <br />the City's reasonable satisfaction within a thirty (30) day period. The City may grant an additional <br />period of such duration as the City shall deem appropriate without waiver of any of the City's <br />rights hereunder, so long as the Contractor has commenced curing such default and is effectuating <br />a cure with diligence and continuity during such thirty (30) day period or any other period which <br />the City prescribes. The default notice shall specify the date the Contractor shall discontinue the <br />Services upon the Termination Date. <br /> <br />46 <br />
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