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STATE OF TEXAS ' <br />KNOW ALL MEN BY THESE PRESENTS: <br />COUNTY OF LAMAR <br />AGREEIVIENT <br />THIS AGREEMENT is entered into this day of , 2010, by <br />and between the City of Paris, Paris, Texas, hereinafter called OWNER, and <br />, with main offices located at <br />Texas; hereinafter called CONTRACTOR. <br />1.01 OWNER employs CONTRACTOR to perform and CONTRACTOR agrees to <br />perform structural demolition services in accordance with the bid form; in <br />accordance with the Master Specifications attached hereto; and in accordance <br />with this Agreement. <br />1.02 CONTRACTOR shall complete all services under this Agreement within <br />months from the date of execution hereof. <br />1.03 OWNER agrees to provide work orders to CONTRACTOR by no later than the fifth <br />day of each month. There is no guarantee of the number of work orders which will <br />be provided; however, CONTRACTOR agrees to complete, in their entirety, no <br />fewer than five (5) outstanding work orders by no later than the last day of each <br />month. Work orders should be completed in the order in which they were given to <br />CONTRACTOR, and CONTRACTOR shall bill OWNER for completed work orders <br />in accordance with Section 1.06 hereof. <br />1.04 Additional time to perform monthly work orders will be allowed by the OW NER only <br />in the instance of substantial weather delays which make performance impractical, <br />as determined exclusively by and approved by the OWNER. Weather delays will <br />be considered by the OWNER only if requested immediately by the <br />CONTRACTOR. Because CONTRACTOR will be completing work orders based <br />on a monthly schedule, CONTRACTOR shall ensure that OWNER is made aware <br />of any and all weather delays that occur throughout the month in the event those <br />weather delays result in CONTRACTOR's failure to complete the required number <br />of work orders by the rnonthly deadline. <br />1.05 OWNER and CONTRACTOR recognize that time is of the essence of this <br />Agreement and that OWNER may suffer financial loss if the Work is not completed <br />on schedule with the City's fiscal year and within the times specified above, plus <br />any extensions thereof allowed in accordance with this Agreement. They also <br />recognize the delays, expense, and difficulties involved in proving in a legal or <br />arbitration proceeding the actual loss suffered by OWNER if the Work is not <br />completed on time. Accordingly, instead of requiring any such proof, OWNER and <br />16 <br />~ <br /> <br />