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Reso 2013-2040
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Reso 2013-2040
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Last modified
5/22/2013 11:11:10 AM
Creation date
4/11/2013 10:43:30 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2013-2040
Date (mm/dd/yyyy)
04/09/2013
Description
Approve 3rd Amend/Design-Build Agmt w/ 4M Investors, LLC.
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15.62 Claims filed or reasonable evidence indicating the probable filing of claims by other <br />parties against the CONTRACTOR. <br />15.63 Failure of the CONTRACTOR to make payment to Subcontractors or Suppliers for <br />materials or labor. <br />15.6.4 Damage to another contractor not remedied. <br />15.6.5 liability for liquidated damages has been incurred by the CONTRACTOR. <br />15.6.6 Reasonable evidence that the work cannot be completed for the unpaid balance of <br />the contract sum <br />15.6.7 Reasonable evidence that the work will not be completed within the Contract time. <br />15.6.8 Failure to carry out the work in accordance with the Contract Documents. <br />When the above grounds are removed or resolved or the CONTRACTOR provides a surety <br />bond or consent of surety satisfactory to the CITY which will protect the CITY in the amount <br />withheld, payment may be made in whole or in part. <br />ARTICLE 16 - TERMINATION OF THE CONTRACT <br />16.1 CITY'S Right to Terminate. <br />Upon the occurrence of any one or more of the following events: <br />16.1.1 If CONTRACTOR commences a voluntary case under any chapter of the <br />Bankruptcy Code as now or hereafter in effect, or if CONTRACTOR takes any equivalent or <br />similar action by filing a petition or otherwise under any other federal or state law in effect at such <br />time relating to the bankruptcy or insolvency. <br />16.1.2 If a petition is filed against CONTRACTOR under any chapter of the Bankruptcy <br />Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such <br />equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at <br />the time relating to bankruptcy or insolvency. <br />16.1.3 If CONTRACTOR makes a general assignment for the benefit of creditors. <br />16.1.4 If a trustee, receiver, custodian or agent of CONTRACTOR is appointed under <br />applicable law or under Contract, whose appointment or authority to take charge of property of <br />CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of <br />general administration of such property for the benefit of CONTRACTOR'S creditors. <br />16.1.5 If CON'T'RACTOR admits in writing an inability to pay its debts generally as they <br />become due. <br />31 <br />IB tJ;�; <br />
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