Common use of Operations During Dispute Clause in Contracts

Operations During Dispute. In the event that any dispute, arises between the TOWN and the CONTRACTOR relating to this Agreement performance or compensation hereunder, the CONTRACTOR shall continue to render service and receive compensation in full compliance with all terms and conditions of this Agreement as interpreted, in good faith, by the TOWN, regardless of such dispute. The CONTRACTOR expressly recognizes the paramount right and duty of the TOWN to provide adequate Collection and disposal services to its residents and further agrees, in consideration of the execution of this Agreement, that in the event of such a dispute, if any, it will not seek injunctive relief in any court without first negotiating with the TOWN in good faith for an adjustment on the matter or matters in dispute and, upon failure of said negotiations to resolve the dispute may present the matter to a court of competent jurisdiction in Broward County, Florida in an appropriate suit therefore instituted by it or by the TOWN. Notwithstanding the other provisions in this Section, the TOWN reserves the right to terminate this Agreement at any time whenever the service provided by the CONTRACTOR fails to meet reasonable standards of the trade, after TOWN provides written notice to the CONTRACTOR pursuant to Section 9 of this Agreement. Upon termination, the TOWN may call the bond and apply the cash and surety bond for the cost of service in excess of that charged to the TOWN by the firm engaged for the balance of the Agreement period.

Appears in 4 contracts

Samples: Solid Waste, Bulk Waste, and Recycling Collection Services Agreement, Solid Waste, Bulk Waste, and Recycling Collection Services Agreement, Solid Waste, Bulk Waste, and Recycling Collection Services Agreement

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Operations During Dispute. DRAFT In the event that any dispute, arises between the TOWN CITY and the CONTRACTOR relating to this Agreement performance or compensation hereunder, the CONTRACTOR shall continue to render service and receive compensation in full compliance with all terms and conditions of this Agreement as interpreted, in good faith, by the TOWNCITY, regardless of such dispute. The CONTRACTOR expressly recognizes the paramount right and duty of the TOWN CITY to provide adequate Collection and disposal services to its residents and further agrees, in consideration of the execution of this Agreement, that in the event of such a dispute, if any, it will not seek injunctive relief in any court without first negotiating with the TOWN CITY in good faith for an adjustment on the matter or matters in dispute and, upon failure of said negotiations to resolve the dispute may present the matter to a court of competent jurisdiction in Broward County, Florida in an appropriate suit therefore instituted by it or by the TOWNCITY. Notwithstanding the other provisions in this Section, the TOWN CITY reserves the right to terminate this Agreement at any time whenever the service provided by the CONTRACTOR fails to meet reasonable standards of the trade, after TOWN CITY provides written notice to the CONTRACTOR pursuant to Section 9 of this Agreement. Upon termination, the TOWN may call CITY maycall the bond and apply the cash and surety bond for the cost of service in excess of that charged to the TOWN CITY by the firm engaged for the balance of the Agreement period.

Appears in 1 contract

Samples: Residential Solid Waste, Bulk Waste and Recycling Collection Services Agreement

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