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R2005-77 ACCEPTING PROPOSAL FIRST TRANSIT, INC.
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R2005-77 ACCEPTING PROPOSAL FIRST TRANSIT, INC.
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12/21/2015 9:49:02 AM
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Resolution/Ordinance
Res Ord Num
R2005-77
Res Ord Title
ACCEPTING PROPOSAL FIRST TRANSIT, INC. - TRANSIT SYSTEM MANAGEMENT
Approved Date
6/20/2005
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less than ten(10)days and no more than thirty(30)days following receipt by FIRST <br /> TRANSIT of written notice from the CITY setting forth the nature of said breach or <br /> default. <br /> If FIRST TRANSIT fails to remedy to the CITY's satisfaction the breach or default of <br /> any of the terms, covenants, or conditions of this contract within the specified time <br /> period in which cure is permitted, the CITY shall have the right to terminate the <br /> contract without any further obligation to FIRST TRANSIT. Any such termination <br /> for default shall not in any way operate to preclude the CITY from also pursuing all <br /> available remedies against FIRST TRANSIT and its sureties for said breach or <br /> default. <br /> D. In the event that the CITY elects to waive its remedies for any breach by FIRST <br /> TRANSIT of any covenant,term or condition of this Agreement,such waiver by the <br /> CITY shall not limit the CITY's remedies for any succeeding breach of that or of any <br /> other term, covenant,or condition of this Agreement. <br /> 24. SEVERABILITY AND INTENT <br /> Should any provision or portion of this Agreement be declared to be unconstitutional, <br /> invalid,or beyond the authority of either party to enter into or carry out,under any applicable <br /> statute or rule of law, such provision or portion shall be deemed stricken,and such decision <br /> shall not affect the validity of the remainder of this Agreement,which shall continue in full <br /> force and effect. <br /> Except as is expressly provided herein, this Agreement is not intended to be a third party <br /> beneficiary Agreement and confers no rights on anyone other than the CITY and FIRST <br /> TRANSIT. <br /> 25. ASSIGNMENT <br /> This Agreement shall not be assigned,transferred, hypothecated or pledged by either party <br /> without the prior written consent of the other party. However, this Agreement shall be <br /> binding upon the successors or assigns of the respective parties. <br /> 26. NOTICE <br /> All notices required hereunder shall be deemed to be made when deposited with the U.S. <br /> Postal Service, postage prepaid, and addressed as follows: <br /> 11 <br />
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