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2023-050 Resolution
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2023-050 Resolution
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5/5/2023 1:03:58 PM
Creation date
5/5/2023 12:58:00 PM
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North Olmsted Legislation
Legislation Number
2023-050
Legislation Date
5/3/2023
Year
2023
Legislation Title
Leopardo Energy Contract
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Contractor, within such seven (7) day period, has not commenced to cure such cause or breach, terminate the Contract <br />and take possession of the site and may finish the Work by whatever reasonable method the Owner may deem <br />expedient. The Owner shall famish to the Contractor a detailed accounting of the costs incurred by the Owner in <br />finishing the Work. <br />§ 20.23 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1, the Contractor shall <br />not be entitled to receive further payment until the Work is finished, if the Owner chooses to finish, except to the <br />extent amounts otherwise owing to Contractor exceed a good faith estimate of the cost to complete the Work. If <br />Owner chooses not to finish, Owner shall pay Contractor the amount of Section 20.2.4. <br />§ 20.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, and not expressly waived, <br />such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall <br />pay the difference to the Owner. This reciprocal obligation for payment shall survive termination of the Contract. <br />§ 203 Termination by the Owner for Convenience <br />The Owner may, many time, terminate the Contract for the Owner's convenience and without cause. The Owner shall <br />pay the Contractor for Work executed; and costs incurred by reason of such termination, along with a Termination <br />Fee of fifty percent (50%) of the unearned Fee on the unperformed Work. <br />ARTICLE 21 CLAIMS AND DISPUTES <br />§ 21.1 Claims, disputes, and other matters in question arising out of or relating to this Contract, except those waived <br />as provided for in Section 21.11 and Sections 15.7.3 and 15.7.4, may be subject to mediation uponjoint agreement of <br />Owner and Contractor. <br />§ 211 Notice of Claims <br />§ 21.2.1 Claims by either the Owner or Contractor shall be initiated by notice to the other party. <br />§ 213 Intentionally Deleted <br />§ 21.41fa claim, dispute or other matter in question relates to or is the subject ofa mechanic's lien, the parry asserting <br />such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. <br />§ 21.5 Continuing Contract Performance <br />Pending final resolution of Claim, except as otherwise agreed in writing, the Contractor shall proceed diligently with <br />performance of the Contract and the Owner shall continue to make payments in accordance with the Contract <br />Documents. <br />§ 21.6 Waiver of Claims for Consequential Damages <br />The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this <br />Contract. This mutual waiver includes <br />.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, <br />business and reputation, and for loss of management or employee productivity or of the services of <br />such persons; and <br />.2 damages incurred by the Contractor for principal office expenses including the compensation of <br />personnel stationed there, for losses of financing, business and reputation, and for loss of profit <br />except anticipated profit arising directly from the Work. <br />This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in <br />accordance with Article 20. <br />ARTICLE 22 179D TAX DEDUCTION AND ENVIRONMENTAL BENEFITS <br />§ 22.1 As a result of the Work including, without limitation, Contractor's technical specifications prepared under <br />Attachment 1, certain tax deductions under Section 179D of the Internal Revenue Code may be available because of <br />the Environmental Benefits resulting from energy efficient improvements to the Owner's facilities. The Owner agrees <br />to allocate these Section 179D tax deductions m Contractor to the extent such deductions arise from the <br />implementation of the Work. Upon Substantial Completion, the Owner shall exec to the ea ' d written allocation <br />in a declaration accompanying documentation prepared by Contractor designating Contractor as Section 179D <br />beneficiary. <br />Page 17 of 18 <br />
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