2008_Resolutions - Laserfiche WebLink

Home Browse Search

9. No part of this Agreement may be assigned or subcontracted by the Authority without the prior written approval of the City of Charlottesville, which approval may be • granted or withheld in the sole discretion of the City. 10. The Authority agrees that duly authorized representatives of the City shall have access to any books, documents, papers and records which are directly pertinent to this Agreement for the purpose of making audits, examinations, excerpts and transcriptions. 11. No failure on the part of the City to enforce any of the terms or conditions set forth in this Agreement shall be construed as or deemed to be a waiver of the right to enforce such terms or conditions. No waiver by the City of any default or failure to perform by the Authority shall be construed as or deemed to be a waiver of any other and/or subsequent default or failure to perform. The acceptance of the performance of all or any part of this Agreement by the City, for or during any period(s) following a default or failure to perform by the Authority, shall not be construed as or deemed to be a waiver by the City of any rights hereunder, including, without limitation, the City's right to terminate this Agreement. 12. Neither the Authority, nor its agents, employees, assignees nor subcontractors, shall be deemed employees or agents of the City by virtue of any services performed pursuant to this Agreement. 13. In the event that any term, provision, or condition of this Agreement, or the • application thereof to any person or circumstance shall be held by a Court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, and the application of any term, provision or condition contained herein to any person or circumstance other than those to which it has been held invalid or unenforceable, shall not be affected thereby. 14. This Agreement may be modified by the parties during performance, but no modification shall be valid or enforceable unless in writing and signed by each of the parties hereto in the same manner and with the same formality as this Agreement. 15. The payment obligations of the City of Charlottesville in future fiscal years are expressly conditioned upon the availability of and appropriation by the City Council of sufficient public funds therefore in succeeding fiscal years. When public funds are not appropriated or are otherwise unavailable to support continuation of payment by the City in a subsequent fiscal year, this Agreement and the City's obligations hereunder shall automatically expire, without liability or penalty to the City. Within a reasonable time following City Council's adoption of a budget, the City shall provide the Authority with written notice of any non -appropriation or unavailability of funds affecting this Agreement. 16. The only obligation of the Authority pursuant to this Agreement is to disburse funding as provided herein. Nothing herein shall be construed as making the Authority • 4