2012-066 RES AWARDING CONTRACT TO NCM DEMOLITION AND REMEDIATION LP FOR GRAND THEATER HAZARDOUS MATERIALS REMEDIATION PHASE II PROJECT

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default in any covenant, condition, provision, or stipulation herein contained, CITY will notify CONTRACTOR verbally or, at its discretion, in writing, that a default has occurred. Notice when given shall include a description of the default and the time within which CONTRACTOR must correct or remedy the default. CONTRACTOR remains solely responsible to complete the work as contracted, whether notified of a default by CITY or not, and failure of CITY to notify of such default shall not excuse CONTRACTOR's obligations hereunder. 1.11 CITY will not be responsible for CONTRACTOR's faulty work or additional work required by CONTRACTOR's errors or omissions or mechanical breakdown of CONTRACTOR's equipment. The buildings are presumed to be vacant, but it shall be CONTRACTOR's resnonsibilitv to insnect the structures for inhabitants before commenciny, with Remediation. The properties are also subject to illegal dumping and other misuse, and it is expressly the CONTRACTOR's obligation to use caution while performing the work at all times. 1.12 CITY may terminate this Agreement for cause or at its convenience at any time during the period of performance. If termination is for cause, CONTRACTOR shall immediately cease further services and shall be compensated only for that work completed up to the date of termination and completed in full conformance with this Agreement including the Bid Documents attached. If termination is for the CITY's convenience, CONTRACTOR shall be compensated for that work completed or partially completed up to the date of termination and performed in full conformance with this Agreement and the Bid Documents attached; CONTRACTOR shall also be compensated for any additional charges reasonably incurred by CONTRACTOR in preparation for the performance of any further services required by this Agreement, said additional charges to be determined by the CITY. Other than as stated herein, CONTRACTOR shall have no other claim or recourse against the CITY for termination of the Agreement. 1.13 This Agreement may not be subcontracted, in whole or in part, without the CITY's express written approval in advance of the services. 1.14 CONTRACTOR shall not discriminate against any employee because of race, color, religion, sex, national origin, age, or disability. 1.15 The provisions of this Agreement are severable, and if any provision or part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement shall not be affected thereby. 1.16 This Agreement embodies the entire understanding between the parties and there are no prior effective representations, warranties, or agreements, written or oral, between the parties. 1.17 This Agreement shall be subject to all present and future valid laws of the United States, State of Texas, and Ordinances of the City of Paris, Texas.