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1994-061-RES WHEREAS, the City Council of the City of Paris did Resolution No. 93-094 authorize an application to be
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1994-061-RES WHEREAS, the City Council of the City of Paris did Resolution No. 93-094 authorize an application to be
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CITY CLERK
Doc Name
1994-061-RES
Doc Type
Resolution
CITY CLERK - Date
6/13/1994
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<br />Department's liabilities under this contract. If adequate funds are not available to make payments <br />under this contract, Department shall notify Contractor in writing within a reasonable time after such fact <br />is determined. Department shall terminate this contract and will not be liable for failure to make <br />payments to Contractor under this contract. <br /> <br />2. Department shall not be liable to Contractor for any costs incurred by Contractor, or any portion <br />thereof, which has been paid to Contractor or is subject to payment to Contractor, or has been <br />reimbursed to Contractor or is subject to reimbursement to Contractor by any source other than <br />Department or Contractor. <br /> <br />3. Department shall not be liable to Contractor for any costs incurred by Contractor which are not <br />allowable costs, as set forth in Section 6 (B) of this contract. <br /> <br />4. Department shall not be liable to Contractor for any costs incurred by Contractor or for any <br />performances rendered by Contractor which are not strictly in accordance with the terms of this <br />contract, including the terms of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E of this contract. <br /> <br />5. Department shall not be liable to Contractor for any costs incurred by Contractor in the <br />performance of this contract which have not been billed to Department by Contractor within sixty (60) <br />days following termination of this contract unless otherwise provided for in the Certificate of Completion <br />referred to in Section 8 (C) of this contract. <br /> <br />6. Department shall not be liable for costs incurred or performances rendered by Contractor before <br />commencement of this contract or after termination of this contract, except as may be specifically set <br />forth in Exhibit B, Budget, of this contract. <br /> <br />B. Excess Payments <br /> <br />Contractor shall refund to Department any sum of money which has been paid to Contractor by <br />Department, which Department determines has resulted in overpayment to Contractor, or which <br />Department determines has not been spent by Contractor strictly in accordance with the terms of this <br />contract. Such refund shall be made by Contractor to Department within thirty (30) working days after <br />such refund is requested by Department. <br /> <br />C. Limit of Liability <br /> <br />Notwithstanding any other provision of this contract, the total of all payments and other obligations <br />incurred by Department under this contract shall not exceed the sum of Two Hundred Fifty Thousand <br />and No/100 Dollars ($250,000). <br /> <br />SECTION 5. <br /> <br />METHOD OF PAYMENT <br /> <br />A. Contractor shall submit to Department at its offices in Travis County, Texas, a property completed <br />Request for Advance or Reimbursement Form 270, as specified by Department, as often as actually <br />needed. Department shall determine the reasonableness of each amount requested and shall not <br />make disbursement of any such payment until Department has reviewed and approved such Request. . <br /> <br />B. Contracto~s requests for advance shall be limited to the minimum amounts needed for effective <br />operation of programs under this contract, and shall be timed as closely as possible to be in accord with <br />actual cash requirements. Contractor shall establish procedures to minimize the time elapsing between <br /> <br />Page 2 of 12 <br />
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