1999-062-ASSIGNMENT OF THE RIGHTS AND OBLIGATIONS, MONTGOMERY OIL COMPANY TO FOOD FAST HOLDINGS INC

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5. Failure to Provide Fuel - If provision is not made at the time requested the City reserves the right to procure the product on the open market. It shall also be the City's right to bill the contractor the difference between the bid price and the open market price as a penalty for inability to provide. Vendor must provide 24 hour access to fuel supplies and usage information by vehicle. I f a non-key system is used, vendor must also provide City employee's full signature on all fuel tickets. 6. Qualification of Bidder - Bidders must, at the City. s request, furnish satisfactory evidence of their ability to furnish the products or serv~ces in accordance with the terms and conditions of these specifications. The City reserves the right to make the final determination as to the bidder's ability. By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the firm, corporation, partnership or institution represented by the bidder, or anyone acting for such firm, corporation, or institution has violated the Antitrust Laws of the State, codified in Section 15.01. et. seg., Texas Business and Commerce Codes, or the Federal Antitrust Laws, or communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. 7. Bid Extension - This bid may be extended annually if both parties agree to do so approximately thirty (301 days prior to the expiration of this contract. B. Testing of Fuels - Fuel under this contract is subject to test to insure compliance with specifications. All tests shall be made as per methods used by the American Society of Testing Materials, unless otherwise specified. When test analysis shows fuel !l\eeting specifications, the City will pay for said test; when test analysis shows fuel does not meet specification, contractor will pay for said test.