Laserfiche WebLink
EXHIBIT B Attachment 1 <br /> NOTICE TO PROCEED <br /> Johnson Controls, Inc. <br /> 3007 Malmo Drive <br /> Arlington Heights, IL 60005 <br /> ATTN: Bruce Combs <br /> Re: Notice to Proceed for City of Decatur Phase 2 Performance Contract <br /> Dear Bruce Combs: <br /> This Notice to Proceed is being issued by CITY OF DECATUR("Customer")to Johnson Controls, Inc.("JCI")pursuant <br /> to that certain Performance Contract entered into between Customer and JCI for the purpose of notifying JCI to <br /> commence work under such contract. <br /> In the event that this Notice to Proceed is delivered by Customer prior to the execution of the Performance Contract <br /> by Customer and JCI, Customer understands and expects JCI will incur significant costs and expenses in complying <br /> with this Notice to Proceed. In the event the Performance Contract is not executed by the parties, for any reason, <br /> Customer agrees to pay JCI for its costs and fees incurred in complying with this Notice to Proceed on a time and <br /> material basis. Customer also agrees JCI shall be entitled to a reasonable markup thereon for profit and overhead. <br /> Customer agrees to pay amounts billed by JCI no later than five (5) days after Customer receives JCI's payment <br /> application. JCI will continue to submit payment applications to Customer until the Performance Contract is executed. <br /> Once the Performance Contract is executed, JCI will begin submitting its payment applications to Customer in <br /> accordance with the terms and conditions set forth therein. Any amounts already paid by Customer will be credited <br /> towards the Performance Contract price. <br /> By signing and dating this Notice to Proceed,the parties hereto agree to these terms and represent and warrant they <br /> have the authority to execute this Notice to Proceed on behalf of their respective organizations. <br /> CITY OF DECATUR <br /> Signature: <br /> Printed Name: <br /> Title: <br /> Date: <br /> ACKNOWLEDGED&AGREED TO: <br /> JOHNSON CONTROLS, INC. <br /> Signature: <br /> Printed Name: <br /> Title: <br /> Date: <br /> Performance Contract(Rev 15) <br /> Johnson Controls,Inc.—Proprietary <br /> ©2008 Johnson Controls,Inc. <br /> 24 <br />