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RDA Agmt 2008 Bay Area Homebuyer Agency
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RDA Agmt 2008 Bay Area Homebuyer Agency
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Last modified
2/24/2009 5:45:53 PM
Creation date
7/14/2008 3:30:43 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/7/2008
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PERM
Document Relationships
RDA Agmt 2009 Bay Area Homebuyer Agency
(Amended by)
Path:
\City Clerk\City Council\Agreements\2009
RDA Reso 2008-018
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2008
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Section 8. TERMINATION AND MODIFICATION. <br />8.1 Termination. Agency may cancel this Agreement at any time and without cause <br />upon written notification to Consultant. <br />In the event of termination, Consultant shall be entitled to compensation for <br />services performed to the effective date of termination; Agency, however, may <br />condition payment of such compensation upon Consultant delivering to Agency <br />any or all documents, photographs, computer software, video and audio tapes, and <br />other materials provided to Consultant or prepared by or for Consultant or the <br />Agency in connection with this Agreement. <br />8.2 Extension. Agency may, in its sole and exclusive discretion, extend the end date <br />of this Agreement beyond that provided for in Subsection l.l. Any such <br />extension shall be specified in writing by the Agenda. Consultant understands <br />and agrees that if Agency issues such an extension, Agency shall have no <br />obligation to provide Consultant with compensation beyond the maximum <br />amount provided for in this Agreement. Similarly, unless authorized by the <br />Agency, Agency shall have no obligation to reimburse Consultant for any <br />otherwise reimbursable expenses incurred during the extension period. <br />8.3 Amendments. The parties may amend this Agreement only by a writing signed <br />by all the parties. <br />8.4 Assignment and Subcontracting. Agency and Consultant recognize and agree <br />that this Agreement contemplates personal performance by Consultant and is <br />based upon a determination of Consultant's unique professional competence, <br />experience, and specialized professional knowledge. Moreover, a substantial <br />inducement to Agency for entering into this Agreement was and is the personal <br />reputation and competence of Consultant. Consultant may not assign this <br />Agreement or any interest therein without the prior written approval of the <br />Agency. Consultant shall not subcontract any portion of the performance <br />contemplated and provided for herein, other than to the subcontractors noted in <br />the proposal, without prior written approval of the Agency. <br />8.5 Survival. All obligations arising prior to the termination of this Agreement and <br />all provisions of this Agreement allocating liability between Agency and <br />Consultant shall survive the termination of this Agreement: <br />8.6 Outions uyon Breach by Consultant. If Consultant materially breaches any of <br />the terms of this Agreement, Agency's remedies shall included, but not be limited <br />to, the following: <br />8.6.1 Immediately terminate the Agreement; <br />Consulting Services Agreement between the Redevelopment Agency of [July 7, 2008] <br />City of San Leandro and Bay Area Homebuyer Agency Page 10 of 20 <br />
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