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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
Creation date
7/19/2023 8:32:13 AM
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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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Washington. In the event that any action is brought to enforce any provision of a Purchase Order, <br /> the parties agree to submit to exclusive jurisdiction and venue in the Participant's jurisdiction. <br /> 18.17. ATTORNEYS' FEES. Should any legal action or proceeding be commenced by either party in order <br /> to enforce this Master Contract or any provision hereof, or in connection with any alleged <br /> dispute, breach, default, or misrepresentation in connection with any provision herein <br /> contained,the prevailing party shall be entitled to recover reasonable attorneys'fees and costs <br /> incurred in connection with such action or proceeding, including costs of pursuing or defending <br /> any legal action, including, without limitation, any appeal, discovery, or negotiation and <br /> preparation of settlement arrangements, in addition to such other relief as may be granted. <br /> 18.18. FAIR CONSTRUCTION&INTERPRETATION. The provisions of this Master Contract shall be construed as <br /> a whole according to their common meaning and not strictly for or against any party and <br /> consistent with the provisions contained herein in order to achieve the objectives and purposes <br /> of this Master Contract. Each party hereto and its counsel has reviewed and revised this Master <br /> Contract and agrees that the normal rules of construction to the effect that any ambiguities are <br /> to be resolved against the drafting party shall not be construed in the interpretation of this <br /> Master Contract. Each term and provision of this Master Contract to be performed by either <br /> party shall be construed to be both a covenant and a condition. <br /> 18.19. FURTHER ASSURANCES. In addition to the actions specifically mentioned in this Master Contract,the <br /> parties and any applicable Participant shall each do whatever may reasonably be necessary to <br /> accomplish the transactions contemplated in this Master Contract including, without limitation, <br /> executing any additional documents reasonably necessary to effectuate the provisions and <br /> purposes of this Master Contract. <br /> 18.20. EXHIBITS. All exhibits referred to herein are deemed to be incorporated in this Master Contract in <br /> their entirety. <br /> 18.21. CAPTIONS&HEADINGS. The captions and headings in this Master Contract are for convenience only <br /> and are not intended to,and shall not be construed to,limit,enlarge,or affect the scope or intent <br /> of this Master Contract nor the meaning of any provisions hereof. <br /> 18.22. ELECTRONIC SIGNATURES. A signed copy of this Master Contract or any other ancillary agreement <br /> transmitted by facsimile, email, or other means of electronic transmission shall be deemed to <br /> have the same legal effect as delivery of an original executed copy of this Master Contract or <br /> such other ancillary agreement for all purposes. <br /> MASTER CONTRACT No.06719-01 <br /> PAGE 30 <br />
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