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03/22/94
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03/22/94
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Meetings
Meeting Document Type
Agenda
Document Title
Finance Committee
Document Date
03/22/1994
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The City shall b~ nma'~ed as an ~tditional insured on the above policies for coverage needed only <br />for work as spe~ ~ed in this Contract, which endorsement shall provide that coverage may not be <br />terminated or eh4mged by the insurer except upon 30 days written notice to the City Administrator. <br />No policy shalltcontain any provisions for exclusions from hability other than provisions for <br />exclusion from ~ability forming pan of the standard basic unamended and unendorsed form of <br />policy, except t,h. at no exclusion will be permitted in any event if it conflicts with a coverage <br />expressly requir~ in this Contract, and in addition, no policy shall contain any exclusion from <br />bodily injury tot or sickness, disease or death of any coverage under the contractual liability <br />endorsement ofithe liabihty of the Contractor under this Contract. Compliance by the <br />Contractor witlj the foregoing requirements to carry insurance and furnish certificates shall not <br />relieve the Con, actor from liability assumed under any provisions of this Contract. <br />SECTION 12.~ PERFORMANCE BOND <br />This Contract shall not be in effect until the Contractor has executed and delivered to the City <br />Administrator alpefformance bond in the amount of $25,000.00 and executed by a corporate <br />surety company ~uthorized to do business in the State of Minnesota and satisfactory to the City to <br />secure the faithful performance of this Contract by the Contractor, conditioned that the <br />Contractor shallwell and truly perform and carry out the covenants, terms and conditions of this <br />Contract in strict accordance with its provisions. This Contract shall be subject to immediate <br />cancellation by the City at any time if said bond shall be cancelled or the surety thereon relieved <br />from hability b&ause of failure to pay the premium or termination of the period of the bond <br />without renewal thereof. <br /> <br />SECTION 13.: INDEMNIFICATION <br />The Contractoj' shall indemnify and hold harmless the City and its officers, agents and <br />employees from hnd against ail claims, damages, losses or expenses, including attorney fees, for <br />which it may be~held liable, arising out of or resulting from the assertion against them of any <br />claims, debts o? obligations in consequence of the performance of this Contract by the <br />Contractor, its e~mployees, agents or subcontractors. <br />SECTION 14.1 TERMINATION <br />The City shall halve the right to terminate this Contract prior to the expiration of its term if in the <br />City's opinion, ~ere has been a breach of its terms by the Contractor or if the City decides to <br />change the way ~ which it provides for the refuse and recycling services. <br /> <br />SECTION 15.r PENALTIES AND DAMAGES <br /> <br /> A. t:;ailure bY the Contractor to perform under this Contract, may result in its termination <br /> and/or clm.'.'.'ms by the City for damages. <br /> B. in the evfint of breach of this Contract by the Contractor, or proven neghgence by the <br /> ContractOr, the Contractor agrees to pay, in adcti?n to the actual damages sustained by <br /> the City ~ a result thereof, the reasonable attorney s fees incurred by the City in pursuing <br /> any of its ~ghts under this Contract. <br /> <br />SECTION 16.~ SUCCESSORS AND ASSIGNS <br />The Contractor ibinds itself, its successors, executors, administrators and assigns to the City in <br />respect to all cov~nants of this Contract, except that the Contractor shall not assign or transfer <br />any pan of its interest in this Contract nor shall the Contractor assign any monies due, or to <br />become due, wittiout the City's written consent. <br /> <br /> <br />
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