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R2023-144 Resolution Authorizing Approval of Master Contract, Addendums to the Master Contract Between the State of Washington and Gillig, LLC with Additional State of Illinois Clauses Permitting the City of Decatur to Purchase E-Gen Flex
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R2023-144 Resolution Authorizing Approval of Master Contract, Addendums to the Master Contract Between the State of Washington and Gillig, LLC with Additional State of Illinois Clauses Permitting the City of Decatur to Purchase E-Gen Flex
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8/11/2023 3:06:54 PM
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Resolution/Ordinance
Res Ord Num
R2023-144
Res Ord Title
R2023-144 Resolution Authorizing Approval of Master Contract, Addendums to the Master Contract Between the State of Washington and Gillig, LLC with Additional State of Illinois Clauses Permitting the City of Decatur to Purchase E-Gen Flex
Department
Mass Transit
Approved Date
7/17/2023
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15.2. PERFORMANCE DURING DISPUTE. Unless otherwise directed by Enterprise Services, Contractor shall <br /> continue performance under this Master Contract while matters in dispute are being resolved. <br /> 16. SUSPENSION&TERMINATION. <br /> 16.1. SUSPENSION&TERMINATION FOR DEFAULT. Enterprise Services may suspend Contractor's operations <br /> under this Master Contract immediately by written cure notice of any default. In such case, the <br /> notice of suspension will state the time period in which cure is permitted and other appropriate <br /> conditions. Suspension shall continue until the default is remedied to Enterprise Services' <br /> reasonable satisfaction; Provided, however,that, if after thirty(30) days from such a suspension <br /> notice, Contractor remains in default, Enterprise Services may terminate Contractor's rights <br /> under this Master Contract. All of Contractor's obligations to Enterprise Services and Participants <br /> survive termination of Contractor's rights under this Master Contract, until such obligations have <br /> been fulfilled. <br /> 16.2. DEFAULT. Each of the following events shall constitute default of this Master Contract by <br /> Contractor: <br /> (a) Contractor fails to perform or comply with any of the terms or conditions of this <br /> Master Contract including, but not limited to, Contractor's obligation to pay vendor <br /> management fees when due; <br /> (b) Contractor breaches any representation or warranty provided herein; or <br /> (c) Contractor enters into proceedings relating to bankruptcy, whether voluntary or <br /> involuntary. <br /> 16.3. REMEDIES FOR DEFAULT. <br /> (a) Enterprise Services' rights to suspend and terminate Contractor's rights under this <br /> Master Contract are in addition to all other available remedies. <br /> (b) In the event of termination for default, Enterprise Services may exercise any remedy <br /> provided by law including,without limitation,the right to procure for all Participants <br /> replacement goods and/or services. In such event, Contractor shall be liable to <br /> Enterprise Services for damages as authorized by law including, but not limited to, <br /> any price difference between the Master Contract price and the replacement or <br /> cover price. <br /> 16.4. LIMITATION ON DAMAGES. Notwithstanding any provision to the contrary,the parties agree that <br /> in no event shall any party or Participant be liable to the other for exemplary or punitive <br /> damages. <br /> 16.5. GOVERNMENTAL TERMINATION. <br /> (a) Termination for Withdrawal of Authority. Enterprise Services may suspend or <br /> terminate this Master Contract if, during the term hereof, Enterprise Services' <br /> procurement authority is withdrawn, reduced, or limited such that Enterprise <br /> Services, in its judgment, would lack authority to enter into this Master Contract; <br /> Provided, however,that such suspension or termination for withdrawal of authority <br /> shall only be effective upon twenty (20) days prior written notice; and Provided <br /> further, that such suspension or termination for withdrawal of authority shall not <br /> relieve any Participant from payment for goods and/or services already ordered as <br /> of the effective date of such notice. Except as stated in this provision, in the event <br /> MASTER CONTRACT No.06719-01 <br /> PAGE 26 <br />
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