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8H Consent 2015 0518
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8H Consent 2015 0518
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6/5/2019 9:28:03 AM
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5/13/2015 9:27:37 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/18/2015
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PERM
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_CCAgenda 2015 0518 CS+RG
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\City Clerk\City Council\Agenda Packets\2015\Packet 2015 0518
Reso 2015-094
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Path:
\City Clerk\City Council\Resolutions\2015
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obligation to reimburse Contractor for any otherwise reimbursable expenses incurred <br />during the extension period. <br />8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the <br />parties. <br />8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this <br />Agreement contemplates personal performance by Contractor and is based upon a <br />determination of Contractor's unique personal competence, experience, and specialized <br />personal knowledge. Moreover, a substantial inducement to City for entering into this <br />Agreement was and is the professional reputation and competence of Contractor. <br />Contractor may not assign this Agreement or any interest therein without the prior written <br />approval of the Contract Administrator. Contractor shall not subcontract any portion of the <br />performance contemplated and provided for herein, other than to the subcontractors noted <br />in the proposal, without prior written approval of the Contract Administrator. <br />8.5 Survival. All obligations arising prior to the termination of this Agreement and all <br />provisions of this Agreement allocating liability between City and Contractor shall survive <br />the termination of this Agreement: <br />8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms <br />of this Agreement, City's remedies shall included, but not be limited to, the following: <br />8.6.1 Immediately terminate the Agreement; <br />8.6.2 Reserved; <br />8.6.3 Retain a different Contractor to complete the work described in Exhibit A not <br />finished by Contractor; or <br />8.6.4 Charge Contractor the difference between the cost to complete the work described <br />in Exhibit A that is unfinished at the time of breach and the amount that City would <br />have paid Contractor pursuant to Section_2 if Contractor had completed the work. <br />Section 9. KEEPING AND STATUS OF RECORDS. <br />9.1 Records Created as Part of Contractor's Performance. All reports, data, maps, <br />models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, <br />records, files, or any other documents or materials, in electronic or any other form, that <br />Contractor prepares or obtains pursuant to this Agreement and that relate to the matters <br />covered hereunder shall be the property of the City. Contractor hereby agrees to deliver <br />those documents to the City upon'termination of the Agreement. It is understood and <br />agreed that the documents and other materials, including but not limited to those described <br />above, prepared pursuant to this Agreement are prepared specifically for the City and are <br />not necessarily suitable for any future or other use. City and Contractor agree that, until <br />Non -Professional Services Agreement between May 15, 2012 <br />City of San Leandro and George Salinas Tree Preservation Page 9 of 13 <br />
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