24,
25.
26.
27.
28.
29.
of a project by the City shall be the date upon which the Community Development Division Director or
other designated official accepts and approves the notice of completion.
TAXES. Contractor shall pay all taxes, levies, duties, and assessments of every nature due in
connection with any work performed under the contract and make any and all payroll deductions
required by law. The contract sum and agreed variations to it shall include all taxes imposed by law.
Contractor hereby indemnifies and holds harmless the City from any liability on account of any and all
such taxes, levies, duties, assessments, and deductions.
NON-WAIVER OF TERMS AND CONDITIONS. None of the terms and conditions of this contract shall be
considered waived by the City. There shall be no waiver of any past or future default, breach, or
modification of any of the terms and conditions of the contract unless expressly stipulated to by the
City in a written waiver.
RIGHTS AND REMEDIES. The duties and obligations imposed by the contract and the rights and
remedies available under the contract shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.
PROHIBITED INTERESTS. Contractor shall not allow any officer or employee of the City to have any
indirect or direct interest in this contract or the proceeds of this contract. Contractor warrants that no
officer or employee of the City has any direct or indirect interest, whether contractual, non-contractual,
financial or otherwise, in this contract or in the business of Contractor. If any such interest comes to
the attention of Contractor at any time, a full and complete disclosure of the interest shall be
immediately made in writing to the City. Contractor 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. Contractor further warrants
that no person having such an interest shall be employed in the performance of this contract. if City
determines that a conflict exists and was not disclosed to the City, it may terminate the contract at will
or for cause in accordance with paragraph 8.
in the event Contractor (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, City may terminate the
contract at will or for cause in accordance with paragraph 8. Upon termination, Contractor shall refund
to the City any profits realized under this contract, and Contractor shall be liable to the City for any
costs incurred by the City in completing the work described in this contract. At the discretion of the
City, these sanctions shall also be applicable to any such conviction obtained after the expiration or
completion of the contract.
Contractor warrants that no gratuities (including, but not limited to, entertainment or gifts) were offered
or given by Contractor to any officer or employee of the City with a view toward securing a contract or
securing favorable treatment with respect to the awarding or amending or making of any
determinations with respect to the performance of this contract. If City determines that such gratuities
were or offered or given, it may terminate the contract at will or for cause in accordance with
paragraph 8.
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 the City under this contract or at law.
THIRD PARTY INTERESTS AND LIABILITIES. The City and Contractor, including any of their respective
agents or employees, shall not be liable to third parties for any act or omission of the other party.
This contract is not intended to create any rights, powers, or interest in any third party, and this
agreement is entered into for the exclusive benefit of the City and Contractor.
SURVIVAL OF RIGHTS AND OBLIGATIONS. The rights and obligations of the parties that by their nature
survive termination or completion of this contract shall remain in full force and effect.
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