R2004-142 AUTHORIZING AGREEMENT - Laserfiche WebLink

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12.3 The City shall be entitled to collect from Contractor all costs and expenses incurred by the City in seeking or exercising the remedies provided to the City pursuant ' to this Section, and in collecting any moneys due the City from Contractor under this agreement, including reasonable private attorney's fees, together with interest thereon at the rate of 9%per annum. 12.4 No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given to the City under this agreement whether now or hereafter existing at law, in equity, or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. 12.5 In the event any agreement contained in this contract is breached by any party and thereafter waived by the other party, such waiver shall be limited to the particular party so waiving and the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. No waiver by any party shall be effective unless in writing and signed by the waiving party. 12.6 The foregoing notwithstanding, it is further agreed that if Contractor defaults in its obligations under Section III to collect recyclable materials and such default is not cured or remedied on the day required under Section N hereof, then without any notice to Contractor; the City may exercise its remedies under Subsection II.2 (g) hereof and collect the cost thereof from Contractor as provided in Subsections 11.3 and 9.5 hereof. 12.7 In addition to the remedies set out in this Section, Contractor shall be liable for liquidated damages in the amount set out below: For failure to complete any missed collection by the time and date required by Section 4 hereof or by the termination of any extension granted pursuant to any provision of this contract, liquidated damages of One Hundred Fifty Dollars ($150.00)per day until such collection route is completed. 12.8 This contract shall terminate effective the date it is made invalid, if made invalid by any future law or statute, other than by City ordinance. 12.9 In the event the City fails to make any payment to Contractor when and in the amount required by this contract, and if such failure continues for ten days after notice of the failure is given to the City, the Contractor shall have as its sole and exclusive remedy, the right to recover such sum, together with interest thereon at the rate on nine percent (9%)per annum from the date of default by a civit suit against the City. Also, Contractor shall be entitled to collect from the City all costs and expenses incurred by Contractor in recovering such sum, including reasonable attorney's fees, with interest on such costs and expenses at the rate of nine percent (9%)per annum, from the date of each expenditure by Contractor until paid by the City. 14