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04-J Custodial Contract Award
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04-J Custodial Contract Award
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9/27/2012 12:43:33 PM
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5/9/2003 11:01:20 PM
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CITY CLERK
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The addresses for ail purposes under this agreement and for ail notice hereunder shall be: <br /> <br /> City of Pads Contractor <br /> City Manager David Van Noord <br /> City of Pads Van Noord Janitodai Service <br /> P. O. Box 9037 Route 1, Box 127 <br /> Pads, TX 75461-9037 Blossom, Texas 75416 <br /> <br /> From time to time either party may designate another address for all purposes of this <br /> Agreement by giving to the other party not less than ten (10) days advance notice of such <br /> address change. <br /> <br />16. Contractor shall indemnify, defend and hold harmless the City (which term, as used in this <br /> Section 16 includes ail officers, employees, and agents of the City) from and against ail causes <br /> of action, claims, damages, demands, costs, expense and liabilities, including attorney's fees <br /> (the foregoing being herein called "Claims") arising out of or in any way related to the services <br /> under this agreement, in the favor of any persons (including officers, employees and agents <br /> of the City) including, but not limited to, claims adsing in negligence, intentional acts, or <br /> otherwise, on account of damage to property, bodily injury or death caused by any employees <br /> of Contractor and any subcontractor of Contractor (and any such employee of subcontractor), <br /> whether caused by the sole negligence (by act or omission) or intentionai act of Contractor or <br /> whether caused by the negligence or intentionai acts of Contractor or any other party other than <br /> the City. The indemnifications contained in this Section 16 shail bind Contractor unless the <br /> Claims result solely from the negligence of the City. <br /> <br />17. This Agreement may not be assigned by Contractor without the express written consent of the <br /> City Manager. City Manager may deny assignment with or without cause. <br /> <br />18. Subject to the provisions of Section 17, this agreement shail be binding upon and inure to the <br /> benefit of the respective successors and assigns of the parties hereto. <br /> <br />19. This Agreement and the rights and obligations of the parties hereto shall be interpreted, <br /> construed and enforced in accordance with the laws of the State of Texas. Venue for ail state <br /> court actions rising hereunder shall lie exclusively in the courts of Lamar County, Texas, and <br /> for ail Federai court actions shall lie exclusively in the courts of the Eastern District of Texas. <br /> <br />20. This contract, exhibits hereto, and the accompanying letters, if any, constitute the full <br /> understanding between the City and Contractor as of the date herein below set forth. <br /> <br />21. The Contractor's activities will be structured so as not to unreasonably interfere with or <br /> inconvenience the normal operation of the Buildings. Contractor will also be subject to any <br /> speciai conditions set forth by the City in Exhibit 'T'. <br /> <br />22. The Contractor shail develop and maintain an orientation and training program for service <br /> employees involved with the contract. Such training program shail include the following: <br /> <br />2003 Janitorial Contract Page 4 of 6 <br /> <br /> <br />
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