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65-04 EDF for Vedda & Sons
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65-04 EDF for Vedda & Sons
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Last modified
5/14/2013 3:07:58 PM
Creation date
9/28/2004 5:14:14 AM
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Office Of Council
Document Type
Ordinances
Date
9/28/2004
Date Adopted
9/7/2004
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<br />costs arising from any act or omission by, or negligence of Grantee and its officers, agents, or <br />employees or its contractor or subcontractor or the officers, agents or employees of the contractor <br />or subcontractor while engaged in the performance of this Agreement. <br /> <br />Also, no member, official, or employee of the City or of its agents or contractors shall be <br />personally liable to Grantee in the event of any default or breach of the Agreement by the City. <br /> <br />ARTICLE VI - EVENTS OF DEFAULT <br /> <br />The entire amounts due under the GRANT Documents shall become and be immediately <br />due and payable upon the written demand of the City, without any other notice or demand of any <br />kind of presentment or protest, if anyone of the following events occurs (an "Event of Default") <br />and is continuing at the time of such demand, whether it is voluntary or involuntary or, without <br />limitation, occurring or brought about by operation of law or pursuant to or in compliance with any <br />judgment, decree or order of any court or any order, rule or regulation of any administrative or <br />governmental body. <br /> <br />Section 6.01 <br /> <br />Default under Grant <br /> <br />(1) Default Under Grant -- If Grantee shall fail to comply with its obligations under this <br />Agreement and the Mortgage of even date. <br /> <br />(3) Incorrect Representations or Warranties -- If any representation or warranty <br />contained in or made in connection with the execution and delivery of this Agreement <br />or in any certificate furnished pursuant hereto shall prove to have been incorrect or <br />untrue in any material respect when made; <br /> <br />(4) Default in Covenants -- If Grantee defaults in the performance of any other term, <br />covenant, or agreement contained in the GRANT Documents and such default shall <br />continue un remedied for thirty (30) days after the earlier of either: (1) the default <br />becoming known to an executive officer of Grantee; or (2) written notice thereof was <br />given to Grantee by City; <br /> <br />(5) Voluntary Insolvency -- If Grantee becomes insolvent, ceases to pay its debts as <br />they mature, voluntarily files a petition seeking reorganization of, or the appointment <br />of a receiver, trustee, or liquidator, for itself or a substantial portion of its assets, <br />with the purpose of effecting a plan or other arrangements with creditors, is <br />adjudicated bankrupt, or makes a voluntary assignment for the benefit of creditors; <br /> <br />(6) Involuntary Insolvency -- If an involuntary petition is filed against Grantee under <br />any bankruptcy, insolvency, or similar law seeking the reorganization of, or the <br />appointment of any receiver, trustee, or liquidator, for Grantee or a substantial part <br />of its assets, or a writ or warrant of attachment or similar process is issued against a <br />substantial part of Grantee's assets, and such petition is not dismissed, or such writ <br /> <br />Page 10 of 16 <br />
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