obligated. Does it mean that our obligated funds can be used by the city to pay for other
city obligations?
Section 14.16 — Prohibited Interests. Operator shall not allow any officer or
employee of the Owner to have any indirect or direct interest in this contract or the
proceeds of this contract. Operator warrants that no officer or employee of the Owner
has any direct or indirect interest, whether contractual, noncontractual, financial or
otherwise, in this contract or in the business of Operator. If any such interest comes to
the attention of Operator at any time, a full and complete disclosure of the interest shall
be immediately made in writing to Owner. Operator also warrants that it presently has
no interest and that it will not acquire any interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required to be
performed under this contract. Operator further warrants that no person having such an
interest shall be employed in the performance of this contract. If Owner determines that
a conflict exists and was not disclosed to the Owner, it may terminate the contract at will
or for cause in accordance with this Agreement.
In the event Operator (or any of its officers, partners, principals, or employees acting with
its authority) is convicted of a crime involving a public official arising out or in
connection with the procurement of work to be done or payments to be made under this
contract, Owner may terminate the contract at will or for cause in accordance with this
Agreement. Upon termination, Operator shall refund to the Owner any profits realized
under this contract, and Operator shall be liable to Owner for any costs incurred by the
Owner in completing the work described in this contract. At the discretion of Owner,
these sanctions shall also be applicable to any such conviction obtained after the
expiration or completion of the contract.
The rights and remedies of this section shall in no way be considered for be construed as
a waiver of any other rights or remedies available to Owner under this contract or at law.
[Signature Page Follows]
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