2008 033 Ordinance - Laserfiche WebLink

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Agreement between Cuyahoga County Board of County Commissioners and Mayfield Village A. Upon the determination of the Cuyahoga County Department of Development that the award recipient has failed to achieve sufficient progress in providing deliverables on time and in a form acceptable to the COUNTY, or that the award recipient has otherwise breached this Agreement, the COUNTY shall have the right to declare default and to exercise concurrently or successively any one or more of the following rights or remedies: Wholly or partially terminate the Contract and the rights given to the award recipient; 2. Temporarily or permanently withhold or reduce funds not yet paid; 3. Recover funds previously paid to the award recipient; 4. Disallow all or part of the cost of a noncompliant activity; Wholly or partially suspend the Contract; 6. Exercise any and all additional rights the COUNTY may have in law or equity; B. In the event of default, the COUNTY shall provide the award recipient notice and thirty days to cure the default. If the award recipient fails to cure within thirty days of the notice, the COUNTY may choose any of the other remedies outlined above. Termination shall be effective five (5) days after the date the COUNTY has given written notice to the award recipient of such termination. C. Should the COUNTY determine to proceed in recovering previously paid funds, the award will convert to a principle only zero (0.00%) percent loan that must be repaid within twelve (12) months of the COUNTY determination that the award recipient has failed to meet the requirements of the Cuyahoga Innovation Zone Program. 11. MISCELLANEOUS PROVISIONS A. ANCHOR agrees to comply with Board of Cuyahoga County Commissioners' Resolution No. 93-4948 dated November 22, 1993 adopting an expanded program for Equal Opportunity in all activities funded by or through the Board of Cuyahoga County Commissioners. Specific provisions or exclusions that pertain to equal opportunity compliance are a part hereof as if fully rewritten. B. ANCHOR, at its discretion, may subcontract with other professional consultants for some or all of the services. All work or services covered by this Contract that is subcontracted by ANCHOR shall be specified in a written contract and subject to all provisions of this Agreement. The Director for the Department of Development and H:~Economic Development\Blue Ribbon~Innovation Zones~ApplicationsllVlayfield Village~Phase I~Mayfield CIZ Phase 1 Contract DRAFT 07-17-2008.doc