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1989-048-RES WHEREAS, CITY COUNCIL IN ORD NO 89-003 MADE AVAILABLE OPTIONAL
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1989-048-RES WHEREAS, CITY COUNCIL IN ORD NO 89-003 MADE AVAILABLE OPTIONAL
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Last modified
8/18/2006 4:33:53 PM
Creation date
4/14/2005 1:26:09 AM
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CITY CLERK
Doc Name
1989
Doc Type
Resolution
CITY CLERK - Date
5/8/1989
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<br />. <br /> <br />. <br /> <br />I <br /> <br />and there shall be no liability for payment on the part of <br />COMPANY or for failure to deliver potable water on the part of <br />the CITY, notwithstanding any other provision of this Agreement, <br />so long as and to the extent that per formance is prevented by <br />such cause; provided, however, that the parties shall use all due <br />diligence in their efforts to resume performance at the earliest <br />practical time. <br />9.2 This Agreement shall be in force and effect until <br />terminated as herein provided. <br />9.3 No officer, official or agent of the CITY has the power <br />to amend, modify or alter this agreement or waive any of its <br />conditions or to bind the CITY by making any promise or <br />representation not contained herein. <br />9.4 No off icer, of fidal or agent of the COMPANY has the <br />power to amend, modify or alter this agreement or waive any of <br />its conditions or to bind the COMPANY by making any promise or <br />representation not contained herein. <br />9.5 This Agreement, except by operation of law, shall not <br />be assigned or transferred by either party, without the prior <br />written consent of the other party. <br />9.6 The CITY will not be responsible in damages for any <br />interruption or failure to supply water and shall be saved and <br />held harmless from all damage of any kind, nature and description <br />which may arise as a result of making this agreement and <br />furnishing water hereunder, except where the CITY has the ability <br /> <br />-7- <br />
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