By Town. By written notice to CONSULTANT, TOWN may suspend all or a portion of the Services provided under this Agreement and/or any TASK ORDER(S) issued hereunder if unforeseen circumstances beyond TOWN’s control make normal progress of the Services provided under this Agreement and/or any TASK ORDER(S) issued hereunder impracticable. If suspension is greater than sixty (60) business days, then CONSULTANT shall have the right to terminate this Agreement in accordance with Article XVIII of this Agreement. TOWN’s suspension of any Services provided under this Agreement and/or any TASK ORDER(S) issued hereunder shall be without prejudice to any other remedy of TOWN at law or equity.
By Town. The Town may cancel any approved rental request in any of the following circumstances: (1) at any time if the Renter fails to comply with any conditions imposed by the Town on the rental including, but not limited to, failing to file the required damage deposit within the time set, failing to pay the rental fee in full by the time set, failing to provide for security by a law enforcement when required; (2) for any reason if the Town provides notice of cancellation to the Renter at least 30 days before the Event; or (3) at any time for reasons beyond the Town’s control, such as in cases of emergency, unsafe environmental or health conditions, or the interruption of utility services. If the Town cancels a rental request after it has been approved, except for Renter’s failure to provide payment, proof of insurance, or to comply with any other conditions imposed on the request within the time set, it will return any rental fees and damage deposit paid by the Renter. Renter acknowledges and agrees that the Town shall not be liable for any claims of disruption, loss, or damages resulting from the Town’s cancellation of a rental request as provided in this section.
By Town. The Town may freely assign its rights and privileges under this Agreement provided that the terms and conditions of this Agreement are fully assumed by the assignee.
By Town. Concessionaire may, at its option, terminate this Agreement if: (a) the Town commits a material breach of any term, condition or covenant contained herein and fails to cure such breach; or (b) the Town makes an assignment for the benefit of creditors, or if a proceeding in bankruptcy, receivership, or insolvency shall be instituted by or against the Town, or if a trustee or receiver shall be appointed for the Town. The Town's liability for damages shall be limited to actual damages only, and the Town shall not be liable for special or punitive damages. No failure of Concessionaire to exercise any right, power or privilege hereunder shall operate as a waiver thereof, or as a waiver of any other right, power or privilege; provided, however, in no event will any employee, official, agent, or attorney of the Town have any personal liability to Concessionaire or to any party claiming by, through, or under Concessionaire. Q:\USERS\SUPERIOR\AGR\2021\SERENDIPITY-A052021.DOCX
By Town. If at any time the Contractor believes the Town is in breach of this Agreement, the Contractor shall provide the Town with 20 days written notice. In the event the Town fails to remedy the alleged breach within 20 days or such additional period as may be necessary in light of the nature of the alleged breach, then the Contractor’s remedies are limited to specific performance of this Agreement and shall not include any claim for damages or other monetary relief.
By Town. In the event the Contractor is adjudged bankrupt, or if it makes a general assignment for the benefit of creditors, or if a receiver is appointed as a result of Contractor’s insolvency, or if Contractor should persistently or repeatedly refuse or fail, except for cases in which extension of time is provided, to supply enough properly-skilled workers or materials, or it fails to make payments to subcontractors or for materials or labor so as to affect the progress of the Improvements, then the Town, upon written notice, without prejudice to any other right or remedy, may terminate this Agreement and take possession of the premises and of all materials, tools, equipment and other facilities installed in connection with the Improvements and, at the Town’s option, finish the Improvements or part of them. In such case the Contractor shall not be entitled to receive any further payment until the Improvements are completed and Initially Accepted. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to Contractor. If such expense shall exceed such unpaid balance, Contractor shall pay the difference to the Town.
By Town. The Town shall indemnify, defend and hold the County harmless from Town’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, caused by the willful misconduct or the negligent acts, errors or omissions of the Town, its officers, agents or employees with respect to the Property, or the Town’s performance under this Lease, the Town’s use of the Property, the structural, mechanical or other failure of buildings owned or maintained by the Town, the design of the Library, or Town-owned fixtures in the Library, except to the extent caused or contributed to by the negligent acts, errors, or omissions of the County, its officers, agents, or employees. The Town is responsible for all claims that result from the design of the Library and from Town-owned fixtures in the Library, except for any claims resulting from a change in the design of the Library that is requested by the County and approved by the Board of Supervisors after the date of this Lease.
By Town. The Town’s failure to perform any of its obligations under this Lease if such failure is not remedied within thirty (30) days after receipt of a written notice of failure from the County to the Town specifying the nature of the breach in reasonably sufficient detail; provided, however, if such breach cannot reasonably be remedied within such thirty (30) day period, then a Default will not be deemed to occur until the occurrence of the Town’s failure to perform within the period of time that may be reasonably required to remedy the breach, up to an aggregate of one hundred twenty (120) days, provided the Town commences curing such breach within thirty (30) days after receipt of the notice of the breach and thereafter diligently proceeds to cure such breach.
By Town. To the extent authorized by law and to the extent of the limits of liability of the Colorado Governmental Immunity Act (§ 00-00-000, et seq., C.R.S.) the Town shall indemnify, defend and hold harmless the County, its officers, employees and agents, from and against any and all claims, demands, actions or liability of any kind arising directly or indirectly out of the performance of duties for the Town under this Agreement, if the claim, demand, action or liability is caused in whole or in part by the negligence of the Town, by agreement herein or which arise out of any worker’s compensation claim of any employee of the County; except to the extent such claim, demand, action or liability arises from the negligence of the County.
By Town. Town shall defend, hold harmless and indemnify Consultant and Artists from and against any and all Liabilities arising from any breach of this Agreement, misrepresentation, act, or omission by Town or Town’s contractors, employees, or agents.
