Laserfiche WebLink
bond running to the City, with good and sufficient surety, in the penal amount of one hundred <br />thousand dollars ($100,000.00). This performance bond shall be conditioned upon <br />Metropolitan's agreement to well and truly observe, fulfill and perform each term and condition <br />of this Agreement. In case of any breach of condition of the performance bond, the amount <br />thereof shall be recoverable from the principal and sureties by the City for all damages <br />proximately resulting from the failure of Metropolitan to well and faithfully observe and perform <br />any provisions of this Agreement. The performance bond referred to in this Section 17 shall <br />contain an endorsement stating that the performance bond is extended to cover the liability of <br />Metropolitan under the terms of this Agreement and shall further provide that the performance <br />bond is not cancelable, that a renewal shall not be denied, and that coverage shall not be reduced, <br />until a timely and satisfactory inspection of the completed project is made by the City or sixty <br />(60) days has passed from the date notice was given to the City indicating completion of the <br />project without an inspection. Upon Metropolitan giving written notice to the City of completion <br />of construction of its facilities, the performance bond may be reduced to ten thousand dollars <br />($10,000.00), provided that on such reduction date there are no claims of any type outstanding at <br />such time asserted against Metropolitan or the City, arising out of any acts or omissions of <br />Metropolitan or its contractors. The form of the performance bond must be approved by the City <br />Attorney, and the bond shall be filed and maintained with the City Manager during the Term. <br />Any person may-execute on the aforesaid performance bond to collect any judgment entered in <br />favor of the person and against Metropolitan for breach or failure to perform any provision of <br />this Agreement. <br /> <br /> 18. Assignment or Use By Another. Metropolitan may assign or otherwise transfer <br />this Agreement or the license herein granted to an unaffiliated provider only upon prior written <br />consent by the City, which consent shall not be unreasonably withheld or delayed. Every <br />quarter, with the compensation payment required in Section 10, Metropolitan shall provide the <br />City with a list of any and all persons using the Facilities to provide wholesale or resale services. <br /> <br /> 19. Force Ma.ieure. The time of performance of any duty or obligation of City or <br />Metropolitan hereunder (except with respect to the payment of fees, charges and other amounts <br />payable by Metropolitan to City hereunder) shall be extended for the period during which <br />performance was delayed or impeded by reason of strikes, lock outs, inability to procure <br />materials or building permits, failure of power, restrictive governmental laws or regulations, <br />riots, insurrections, war, fire, casualty, earthquake, acts of God, or other reasons of a like nature <br />not the fault of the party performing such duty or obligation. <br /> <br />-10- <br /> <br /> <br />