RIGHTS AND DUTIES OF CITY. City shall make available to Consultant all data and information in the possession of City which both parties deem necessary to complete the work, and City shall actively aid and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.
RIGHTS AND DUTIES OF CITY. 29 8.1 UTILITIES 29 8.2 MAINTENANCE 30 8.3 RIGHT TO INSPECT 30 8.4 AUDITS AND ENFORCEMENT 31 ARTICLE IX. RELEASE AND INDEMNIFICATION 31 9.1 RELEASE 31 9.2 INDEMNIFICATION 31 9.3 INDEMNIFICATION PROCEDURES 32 ARTICLE X. INSURANCE AND PERFORMANCE SECURITY 33 10.1 INSURANCE 33 10.2 PROOF OF INSURANCE 36 10.3 OTHER INSURANCE 36 10.4 PERFORMANCE SECURITY 36 ARTICLE XI. EQUAL EMPLOYMENT, DBE, AND DRUG POLICY 37 11.1 COMPLIANCE WITH EQUAL OPPORTUNITY ORDINANCE 37 11.2 DISADVANTAGED BUSINESS ENTERPRISES 37 11.3 DRUG DETECTION AND DETERRENCE 40 ARTICLE XII. ENVIRONMENTAL LAWS 41 12.1 GENERAL 41 ARTICLE XIII. DAMAGE TO OR DESTRUCTION OF TERMINAL 45 13.1 GENERAL 45 13.2 PARTIAL DAMAGE 45 13.3 EXTENSIVE DAMAGE 46 13.4 COMPLETE DESTRUCTION 46 13.5 LIMIT OF CITY OBLIGATIONS 46 13.6 LIABILITY OF CONCESSIONAIRE 47
RIGHTS AND DUTIES OF CITY. 24 4.1 Payment 24 4.2 Limit of Appropriation – Allocated Funds; Limitation of City’s Duties 26 4.3 Coordination of Performance with Consultant 27
RIGHTS AND DUTIES OF CITY. 29 4.1. Payment 29 4.2. Limit of Appropriation – Allocated Funds, Limitation of City’s Duties 31 4.3. Coordination of Performance with Engineer 32 ARTICLE 5. TERMINATION 32 5.1. Term 32 5.2. Termination for Convenience by City 32 5.3 Termination for Cause by City 33 5.4. Termination for Cause by Engineer 34
RIGHTS AND DUTIES OF CITY. 21 4.1 Payment 21 4.2 Limit of Appropriation – Allocated Funds; Limitation of City’s Duties 23 4.3 Coordination of Performance with Architect/Engineer 23 4.4 Access to City Data 24
RIGHTS AND DUTIES OF CITY. 3.01. City shall at all times remain the owner of the Park and the Soccer Facilities. Nothing in this agreement shall be construed as transferring or conveying an interest in the Park or the Soccer Facilities.
RIGHTS AND DUTIES OF CITY. 26 7.1. Utilities 26 7.2. Right of Access and Inspection 27 7.3. Audits 27 7.4. Access to Data 27 8. RELEASE AND INDEMNIFICATION 27 8.1. RELEASE 27 8.2. INDEMNIFICATION 28 8.3. INTELLECTUAL PROPERTY RELEASE AND INDEMNIFICATION 28 8.4. SUBCONTRACTOR’S INDEMNITY 29 8.5. INDEMNIFICATION PROCEDURES 29 9. INSURANCE 30 9.1. Risks and Limits of Liability 30 9.2. Insurance Coverage 30 9.3. Form of insurance 31 9.4. Required Coverage 31 9.5 Notice 31 10. CITY PROGRAMS 31 10.1. Compliance with Equal Opportunity Ordinance 31 10.2. MWBE Compliance 32 10.3. Drug Abuse Detection and Deterrence 32 10.4. Pay or Play 33 10.5. Anti-Boycott of Israel 33 10.6. Zero Tolerance Policy for Human Trafficking and Related Activities 33 10.7. Preservation of Contracting Information 33 11. MISCELLANEOUS 34 11.1. Independent Concessionaire 34 11.2. Relationship of the Parties 34 11.3. No City Expenditure 34 11.4. No Waiver of Governmental Authority 35 11.5. Force Majeure 35 11.6. Severability 36 11.7. Entire Agreement 36 11.8. Written Amendment 36 11.9. Attorney’s Fees 36 11.10. Governing Law and Venue 36 11.11. Notices 37 11.12. Captions 37 11.13. Non-Waiver 37 11.14. Enforcement 37 11.15. Ambiguities 37 11.16. Survival 37 11.17. Parties In Interest 38 11.18. Publicity 38 11.19. Successors and Assigns 38 11.20. Business Structure and Assignments 38 11.21. Remedies Cumulative 38 11.22. CONCESSIONAIRE DEBT 38 EXHIBITS EXHIBIT A – SCOPE OF SERVICES EXHIBIT B – INSTALLMENT SITES EXHIBIT C – INSTALLATION SCHEDULE EXHIBIT D – CONCESSION FEES; MINIMUM ANNUAL GUARANTEE EXHIBIT E – SECURITY ADDENDUM EXHIBIT F – DRUG POLICY COMPLIANCE AGREEMENT EXHIBIT G – DRUG POLICY COMPLIANCE DECLARATION EXHIBIT H – DRUG POLICY COMPLIANCE DECLARATION
RIGHTS AND DUTIES OF CITY. 34 4.1 Payment 34 4.2 Limit of Appropriation 36 4.3 Coordination of Performance with Architect/Engineer 37 4.4 Acceptance and Approvals 38 4.5 Access to City Data 38 ARTICLE 5. TERM AND TERMINATION 38 5.1 Term 38 5.2 Renewals 38 5.3 Limited Duration of LOAs 38 5.4 Termination 38 5.5 Post Termination 39
RIGHTS AND DUTIES OF CITY. 20 4.1 Payment Terms 20 4.2 Limit Of Appropriations 23 4.3 Access to City Data 24 4.4 Coordination of Performance with the Consultant 24
RIGHTS AND DUTIES OF CITY. 11 4.1 Payment Terms 11 4.2 Limit of Appropriation 12 4.3 Access to City Data 13
