Contractor and District Clause Samples

Contractor and District mutually acknowledge that the continued enactment and enforcement of a mandatory garbage pick-up regulation by District within its boundaries has been a factor inducing Contractor to agree to the terms of this Agreement. Should District repeal its regulations requiring such mandatory pickup, or should District fail to make reasonable efforts to enforce such regulations, Contractor may terminate this Agreement upon giving a thirty (30) day notice of such termination in writing.
Contractor and District acknowledge and agree that if the Contractor fails to deliver Submittals in accordance with the Submittal Schedule, the District will incur costs and expenses not contemplated by the Contract Documents, the actual amount of which will be impracticable to ascertain. Contractor and District further acknowledge and agree that the per diem assessment set forth in the Supplementary Conditions represents a reasonable joint effort by the parties to establish an amount of Liquidated Damages that corresponds to actual loss and which is reasonable under the circumstances existing at the time the parties entered into the Contract.
Contractor and District agree that District upon the approval and full execution of this agreement, will pay the Contractor Thirty-Three Thousand Nine Hundred Seventy-Three Dollars ($30,127) (“Advance Payment”) upon the approval and full execution of this Agreement. The Advance Payment equals ten percent (10%) of the Total Compensation (“Advance Payment”).
Contractor and District shall mutually agree as to the format of these monthly inspection reports. The monthly invoice shall not be processed without the Monthly Report.
Contractor and District agree that DISTRICT shall have no obligation to pay any amount to CONTRACTOR upon the termination for convenience, other than, and in accordance with the terms of this Agreement the Contract Price for Services accepted by DISTRICT and not previously paid. CONTRACTOR shall submit final invoices for accepted Services by DISTRICT and not paid for within ninety (90) calendar days from the effective date of termination.