Opening of Proposals - MPAC, Palais Royale & Century Center Event Security Services - VSS Security Services

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to the satisfaction of CITY, replace or modify the products so as to make them non - infringing and capable of performing the function for which the product was provided. M. Fiscal Year Clause The parties hereto recognize that the continuation of the Agreement after the close of any given fiscal year of CITY is subject to the approval of the budget of the City of Indiana providing an appropriation covering this item as an expenditure therein. CITY does not represent that the aforementioned budget item will actually be adopted, since such a budgetary determination is solely that of the City Council at the time of the adoption of the budget. CITY's fiscal years end on December 31 of each year. N. Affirmative Action, Non -Collusion, and Non -Discrimination CONTRACTOR must comply with City of South Bend Affirmative Action, Non -Collusion, and Non -Discrimination requirements O. Key Personnel The following, individuals are designated by the parties as key personnel. Should any of the named individual be unavailable to perform on behalf of CONTRACTOR under this Agreement, whether due to termination of employment or otherwise, then CONTRACTOR shall provide a suitable replacement acceptable to VPA. Acceptability is to be determined by VPA at its option, sole and unfettered discretion. Key personnel under this Agreement are as follows: )654-4 P. 6cael vice ReS,n6,7 f �awlk--. (l)S,LA,14 Sg CEO SAR.Ru fUX - Assr. ro VP Failure to provide any or all of the above -named key personnel, or a replacement satisfactory to VPA, shall be deemed a material breach entitling MORRIS, at its option and sole discretion, to immediately terminate this Agreement. P. Termination CITY/VPA may, at its option, sole and unfettered discretion, terminate or abandon the service to be provided under this Agreement, or any part thereof, with or without clause upon not less than thirty (30) calendar days prior written notice to CONTRACTOR. Payment to CONTRACTOR shall be processed in accordance with the provisions of this Agreement and except that CONTRACTOR shall receive payment only for those sums expended for Iabor and material up to the date of termination as substantiated by documented receipts or such other evidence of expenditure as CITY/VPA may require. When notice of termination is received, CONTRACTOR shall immediately consult with VPA as to the services and material then on order or that are in place and as to its plan to further the work had the Agreement not been terminated. After such