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(09-03-01) Prof. Construction Svcs. for Heritage Park & Pkg. Garage
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Last modified
8/30/2011 9:59:17 AM
Creation date
4/22/2011 2:51:13 PM
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CityClerk-Bids_RFP_RFQ
Project Name
Prof. Construction Svcs. for Heritage Park & Pkg. Garage
Bid No. (xx-xx-xx)
09-03-01
Project Type (Bid, RFP, RFQ)
RFP
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<br />ARTICLE 46, AMENDMENTS <br /> <br />No modification, amendment, or alteration in the terms or conditions contained herein shall be <br />effective unless contained in a written document prepared with the same or similar formality as <br />this Agreement and executed by the City and Contractor. <br /> <br />ARTICLE 47, SEVERABILITY <br /> <br />In the event the any provision of this Agreement is determined by a Court of competent <br />jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be <br />excised from this Agreement, and the remainder of this Agreement shall continue in full force <br />and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will <br />materially and adversely affect the rights of either party, such party may elect, at its option, to <br />terminate this Agreement in its entirety. An election to terminate this Agreement based upon <br />this provision shall be made within seven (7) days after the finding by the court becomes final. <br /> <br />ARTICLE 48, ENTIRE AGREEMENT <br /> <br />This Agreement, as it may be amended from time to time, represents the entire and integrated <br />agreement between the City and the Contractor and supersedes all prior negotiations, <br />representations or agreements, written or oral. This Agreement may not be amended, changed, <br />modified, or otherwise altered in any respect, at any time after the execution hereof, except by a <br />written document executed with the same formality and equal dignity herewith. Waiver by either <br />party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any <br />other breach of any provision of this Agreement. <br /> <br />(The remainder of this page has been intentionally left blank.) <br /> <br />47 <br />
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