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R2000-115 ACCEPTING THE PROPOSAL AND AUTHORIZING AN AGREEMENT
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R2000-115 ACCEPTING THE PROPOSAL AND AUTHORIZING AN AGREEMENT
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3/30/2016 2:29:49 PM
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3/30/2016 2:29:48 PM
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Resolution/Ordinance
Res Ord Num
R2000-115
Res Ord Title
ACCEPTING THE PROPOSAL AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENGINEERING SERVICES CORLEY LANDFILL ASSESSMENT MONITORING PLAN
Approved Date
7/17/2000
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DYNEGY MIDWEST GENERATION, INC. <br /> Decatur, Illinois <br /> Contract for Environmental Services <br /> This Contract is made this 19th day of June, 2000 by and betwe n Dynegy Midwest <br /> Generation, Inc. (DMG) and the City of Decatur (Customer). <br /> 1. DMG agrees to perform the services described in the proposal da ed June 19. 2000, <br /> attached hereto and incorporated herein by reference ("the ervices") and to <br /> provide Customer with any information or data obtained in the c urse of performing <br /> the services. <br /> 2. Customer agrees to pay DMG for the Services in accordan e with the terms <br /> described in the proposal, but not more than 42 535. <br /> 3. The Customer will provide DMG with physical access to the f cilities as may be <br /> reasonably necessary to provide the Services. The Custom r agrees to make <br /> available to DMG specifications, plans, studies, documents, o other information <br /> required by DMG for proper and timely perFormance of the Se ices. <br /> 4. DMG may terminate the Services under this Contract if both D G and Customer <br /> agree that conditions exist which make it impossible to conti ue to provide the <br /> Services. All reasonable costs incurred by DMG and fees arising from performance <br /> of the Contract, up to the point at which the Services on his Contract are <br /> terminated, shall be paid by the Customer. <br /> 5. This Contract shall be governed by, construed and interpreted i accordance with <br /> the laws of the State of Illinois without reference to conflict of t e laws principles. <br /> Neither party may assign this Contract without the prior written a proval of the other <br /> party. <br /> 6. To the fullest extent not prohibited by law, DMG shall indemnify nd hold harmless <br /> the Customer, its elected officials or directors, officers, agent , employees and <br /> representatives from and against any and all claims, dam ges, losses and <br /> expenses (including but not limited to attorney fees) arising out f or relating to the <br /> perFormance of this Contract, except where such claims, dama es, and losses in <br /> any way arise out of or are caused by the grossly negligent or ntentional acts or <br /> omissions of the Customer. <br /> 7. This Contract constitutes the sole and entire agreement befinre n the parties with <br /> respect to the subject matter hereof and supersedes all previou proposals (other <br /> than the proposal incorporated herein in Section 1), oral or wri en, negotiations, <br /> representations, commitments, and all other communications b een the parties. <br /> No other terms or conditions shall be binding upon DMG unles accepted by it in <br /> writing. <br /> Page 1 of 3 <br />
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