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1994-161-RES WHEREAS, CITY COUNCIL DID HERETOFORE IN RESOLUTION NO 88-046
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1994-161-RES WHEREAS, CITY COUNCIL DID HERETOFORE IN RESOLUTION NO 88-046
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8/18/2006 4:32:35 PM
Creation date
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CITY CLERK
Doc Name
1994
Doc Type
Resolution
CITY CLERK - Date
12/12/1994
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<br />agreement shall be made available to the State without restriction or limitation <br />on their further use. <br />10. TERMINATION <br />A. This agreement may be terminated by any of the following conditions: <br />(1) By mutual written agreement and consent of both parties. <br />(2) By either party, upon the failure of the other party to fulfill the <br />obligation as set forth herein. <br />(3) By satisfactory completion of all services and obligations as set forth <br />herein. <br />B. The termination of this agreement shall extinguish all rights, duties, <br />obligations and liabilities of the State and City under this agreement. If the <br />potential termination of this agreement is due to the failure of the City to <br />fulfill its contractual obligations as set forth herein, the State will notify <br />the City that possible breach of contract has occurred. The City should make <br />every effort to remedy the breach as outlined by the State within a period <br />mutually agreed upon by both parties. <br />11. INDEMNIFICATION <br />To the extent permitted by law, the City shall indemnify and save harmless the <br />State, its officers, employees, agents and contractors from all claims and <br />liabilities due to the activities of the City, its officers, employees, agents <br />'and contractors performed under this agreement and which result from an error, <br />omission or negligent acts of the City, its officers, employees, agents or <br />contractors. Additionally, to the extent permitted by law, the City shall save <br />harmless the State, its officers, employees, agents and contractors from any and <br />all expenses, including attorneys fees and court costs which may be incurred by <br />the State in litigation or otherwise resisting said claim or liabilities which <br />might be imposed on the State as the result of such activities by the City, its <br /> <br />officers, employees, agents or contractors. <br /> <br />, <br /> <br />12/02/94 <br /> <br />Page 5 of 7 <br />
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