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RES 85316
City of Pleasanton
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CITY CLERK
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RESOLUTIONS
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1980-1989
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1985
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RES 85316
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9/24/2012 2:17:50 PM
Creation date
12/27/1999 11:48:26 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
7/2/1985
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in applying presently available cost data, but it is recog- <br />nized that CONSULTANT has no control over cost of labor and <br />materials, or over competitive bidding procedures and market <br />conditions, so that it cannot warrant that the project con- <br />struction costs will not vary from its cost estimates. <br /> <br /> ARTICLE 7: TERMINATION. This AGREEMENT may be termi- <br />nated in whole or in part in writing by either party in the <br />event of substantial failure by the other party to fulfill <br />its obligations under this AGREEMENT through no fault of the <br />terminating party. <br /> <br /> The CITY may terminate this AGREEMENT at any time upon <br />mailing of notice in writing to the CONSULTANT that the <br />AGREEMENT is terminated. Upon receipt of a notice of <br />termination, CONSULTANT shall promptly cease work on the <br />PROJECT (unless the notice directs otherwise) and cancel <br />services or products which CONSULTANT had ordered in accor- <br />dance with this AGREEMENT. <br /> <br /> CONSULTANT shall be compensated for all work performed <br />prior to time of receipt of notice of termination, and shall <br />be compensated for materials ordered by the CONSULTANT or <br />its employees, or services of others ordered by the CONSUL- <br />TANT or its employees prior to receipt of notice of <br />termination whether or not such materials or final instru- <br />ments of services of others have actually been delivered, <br />provided that CONSULTANT is not able to cancel such orders <br />for materials or services of others. <br /> <br /> <br />
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