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STATE OF 7EXAS ' <br />KNOW ALL MEN BY THESE PRESENTS: <br />COUNTY QF LAMAR <br />AGREEMENT <br />THIS AGREEMENT is entered into this day of , 2011, by <br />and between the City of Paris, Paris, Texas, hereinafter called OWNER, and <br />, with main offices located at <br />Texas; hereinafter called CONTRAGTOR. <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 af each month. There is no guarantee of the number of work orders which will <br />be provided; CONTRACTOR shall complete all work called for in each work order <br />within 30 days of receipt issued in any given month. Work orders should be <br />completed in the order in which they have received by CONTRACTOR, and <br />CONTRACTOR sha(I bill OWNER for completed work orders in accordance with <br />Section 1.06 hereof. <br />1.04 Additional time to perform monthly wark orders will be allowed by the OWNER onty <br />in the instance af 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 CONTRACTQR will be campleting work orders based <br />on a monthly schedule, CON'fRACTOR shall ensure that OWNER is made aware <br />of any and all weather delays that occur thraughout 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 monthly deadline. <br />1.05 OWNER and CONTRACTOR recognize that time is of the essence of this <br />Agreemenf and that OWNER may suffer financial foss if the Work is not corripleted <br />on schedule with the City's fiscal year and within the times specified above, pfus <br />any extensions thereof alfowed in accordance with this Agreement. <br />CONTRACTOR recognizes the delays, expenses, and difficulties involved in <br />proving in a legal or arbitration proceeding the actual loss suffered by UWNER if the <br />Work is not completed on time. Accordingly, instead of requiring any such proof, <br />17 <br />- - 249 <br />