Year 2010 temporary budget to make available the ... - Jersey City

ARTICLE VI
Termination for Cause
1. In the event the performance by the Contractor of the services provided for
under this Agreement is unsatisfactory to the City, the City agrees to notify the Contractor,
and the Contractor agrees to within thirty (30) days rectify the unsatisfactory condition or
performance. Should the unsatisfactory performance or condition not be rectified within
thirty (30) days of notice given, the City shall at its sole option be entitled to terminate this
Agreement immediately upon written notice to the Contractor unless rectification of such
unsatisfactory performance or condition canot reasonably be completed within such thirty
(30) day period but the Contractor shall have commenced to rectify such unsatisfactory
performance or condition within such thirty (30) day period and shall be diligently pursuing
such cure; provided, that such unsatisfactory performance or condition shall be cured no later
than ninety (90) days after the date on which the Contractor was first notified thereof.
Contractor is not entitled to any compensation subsequent to receiving notice of termination
from the City.
ARTICLE VII
Arbitration
1. Any disputes or claims arising out of this Agreement or breach thereof, with
fees by the City or a decision
the exception of disputes or claims involving non-payment of
by the City to terminate this Agreement, shall be decided upon a mutually agreed upon single
arbitrator appointedin accordance with the rules of
the American Arbitration Association.
The Arbitrator shall be bound by the terms ofthis agreement and shall issue a written opinion
explaining the reasons for this award.
2. A demand for arbitration shall be in writing no later than 5 days after the
written decision of the City of Jersey City Business Administrator on any claim or dispute
covered by this Agreement.
ARTICLE VII
Indemnity
1. Notwithstanding the imposition of
joint or concurent liability upon the
City by statute, ordinance, rule, regulation, or order, the LHS shall indemnify, defend and
City's employees, contractors
hold the City harmless, except for negligence or wilful act of
or agent, against and from any and all liability, fines, suits, claims demands and action, and
costs and expenses of any kind or nature during the time ofthis Agreement that may result
or arise directly or indirectly, from or by reason of the performance of the contract or from
any act or omission by LHS, its agents, servants, invitees, and/or employees that result in any
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