R2004-88 AUTHORIZING EXECUTION OF A TIRE LEASE AGREEMENT

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9.9 COVENANT AGAINST GRATUITIES By signing this Agreement, the MANUFACTURER warrants that they have not offered or given gratuities (in the form of entertainment, gifts, or otherwise) to any official or employee of the CITY,with a view toward securing favorable treatment in the award, amendment, or performance evaluation of work done under this Agreement. 10. TERMINATION OF CONTRACT 10.1 TERNIINATION FOR CONVEIVIENCE , The performance of work under his Agreement may be terminated by the CITI'in accordance with this clause in whole, or from time to time in part, whenever the CITY � shall determine that such termination is in the best interest of the CITY. Any such � termination shall be effected by delivery to the MANUFACTURER of a notice of � termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. After receipt of notice of termination, and except as otherwise directed by the CITY, the I'I MANUFACTURER shall stop work under the Agreement on the date and to the extent I specified in the notice of termination; place no further orders or subcontracts for services, ' except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; assign to the CITY in the manner, at the times, and to the extent directed by the CITY, all of the right, title, and interest of the MANUFACTURER under the orders and subcontracts so terminated, in which case the CITY shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts,with the approval or ratification of the CITY, to the extent it may require,which approval or ratification shall be final for all purposes of this clause; complete performance of such part of the work as shall not have been terminated by the notice of termination; and take such action as may be necessary, or as the CITY may direct, for the protection or preservation of the property related to this Agreement and in which the CITY has or may acquire an interest. Settlement of claims by the MANUFACTLTRER under this termination for convenience clause shall be in accordance with the provisions set forth in Federal Procurement Regulations (FPR) 1-8.701 (c), (d), (e), (�, (�), (h), (i), (j), and (k) except that wherever the word "Government" appears it shall be deleted and the word "CITY" shall be substituted in place thereof. 10.2 TERMINATION FOR DEFAULT The CITY may,by written notice of default to the MANUFACTURER, terminate the whole or any part of this Agreement if the MANUFACTiJRER fails to perform the services within the time specified herein or any extension thereof; or if the MANUFACTURER fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten(10) days (or such longer period as the CTI'Y may authorize in writing) after receipt of notice from the CITY specifying such failure. Decatur Public Transit System 8 Tire Lease Agreement