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-- 1 <br />AGREEMENT <br />ARTICLE IV. The Notice Inviting Bids, Instruction to Bidders, <br />Proposal, Information Required of Bidder, the Faithful Perform- <br />ance Bond, the Labor and Material Bond, the General Conditions, <br />Special Provisions and Technical Specifications, Drawings, and all <br />Addenda issued by the City with respect to the foregoing prior to <br />the opening of bids, are hereby. designated the "Contract Docu- <br />ments" and are incorporated in and made part of this Agreement. <br />ARTICLE V. All time limits stated in the Contract Documents are <br />of the essence of this Agreement.. No work, services, materials or <br />equipment shall be performed or furnished under this Agreement un- <br />less and until a Notice to Proceed has been given to the Con- <br />tractor by the. City. City shall, with no liability to Contrac- <br />tor whatsoever, have an absolute right to withholddelivery of a <br />Notice to Proceed until the statute of limitations for challeng- <br />ing the, City's environmental review of this project has passed. <br />City shall, also with no liability whatsoever to Contractor, have <br />an absolute right to cancel this Agreement in the event that <br />litigation is filed against the City challenging the City's en- <br />vironmental review of this project. Notwithstanding the fore- <br />going, the City's said right to cancellation must be exercised not <br />later than 45 days following the bid opening date, and before <br />delivery of a Notice to Proceed to Contractor. <br />IN WITNESS WHEREOF, the parties hereto have caused this contract <br />to be executed as of the day and year first above written. <br />CITY O; CO ON <br />BY (Seal) <br />T i le Cit M nager <br />CONTRACTOR T,a±? e �nTest ern McCa1 ! a D? v <br />Title Assl taut General Manager <br />CONTRACTOR'S SIGNATURES MUST BE NOTARIZED AND THE NOTARY ACKNOW— <br />LEDGMENT MUST SPECIFY THAT THE SIGNER OF THE AGREEMENT IS AUTHOR <br />T ZED TO EXECUTE THE AGREEMENT. THE CITY'S ATTORNEY SHALL DETER- <br />MINE THE SUFFICIENCY OF CONTRACTOR'S SIGNATURES, AND MAY REQUIRE <br />NOTARIZED SIGNATURES FROM TWO OFFICERS IN THE EVENT THAT CONTRAC- <br />TOR IS A CORPORATION. <br />13 <br />