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1989-038-RES WHEREAS, FEDERAL AVIATION ADMINISTRATION HAS FUNDING AVAILABLE FOR ASSISTANCE FOR UPDATING AIRPORT
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1989-038-RES WHEREAS, FEDERAL AVIATION ADMINISTRATION HAS FUNDING AVAILABLE FOR ASSISTANCE FOR UPDATING AIRPORT
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8/18/2006 4:33:52 PM
Creation date
4/14/2005 2:01:39 AM
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CITY CLERK
Doc Name
1989
Doc Type
Resolution
CITY CLERK - Date
4/10/1989
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<br />a. Withholding of payment to the Consultant under the Contract <br />until the Consultant complies, and/or <br /> <br />b. Cancellation, termination or suspension of the Contract, in <br />whole or in part. <br /> <br />6. Incorporation of Provisions: The Consultant shall include the pro- <br />visions.of paragraphs 1 through 6 in every subcontract, including <br />procurement of materials and leases of equipment, unless exempted by <br />the Regulations or directives issued pursuant thereto. The Con- <br />sultant shall take such action, with respect to any subcontract or <br />procurement, as the City or the Federal Aviation Administration may <br />direct as a means of enforcing such provisions including sanctions <br />for noncompliance; provided, however, that in the event a Consultant <br />becomes involved in or is threatened with litigation with a <br />subcontractor or supplier as a result of such direction, the <br />Consultant may request the United States to enter into such litiga- <br />tion to protect the interest of the United States. <br /> <br />ARTICLE V <br /> <br />MISCELLANEOUS PROVISIONS <br /> <br />1. Chanqe in Scope: The. scope of services described herein shall be <br />subject to modification - or supplement only upon the written <br />agreement of the contracting parties and the F.A.A. Any such <br />modification in the scope of the work shall be incorporated in this <br />Agreement by supplemental agreement. <br /> <br />2. Termination: The right is reserved by the City to terminate this <br />Agreement upon the completion of any of the phases included in the <br />work, or at any time, should the City deem that further work is not <br />warranted. In such an event, written notice shall be given to the <br />Consultant, and payment shall be made for the completed Contract <br />services. The City further reserves the right to terminate the <br />Contract any time, upon written notice, in the event the services of <br />the Contractor are unsatisfactory, or upon failure to prosecute the <br />services with due diligence or to complete the services within the <br />time limits specified by this Agreement or should the City deem that <br />the project must be curtailed for other causes; provided, however, <br />that in any such case, the Contractor shall be paid for the services <br />rendered up to the time of termination. <br /> <br />3. Arbitration: Arbitration of all questions in dispute under this <br />Agreement shall be at the choice of either party, and the dispute <br />will finally and conclusively be settled by the decision of the <br />arbitrators, one to be appointed by the City, one by the Contractor, <br />and a third to be chosen by the two appointed. In case these three <br />arbitrators thus chosen fail to agree, two additional arbitrators <br />shall be appointed by the presiding judge of the United States Court <br />of Appeals having jurisdiction over the region which includes <br />
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