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PSA - Operate Smart Sewer System Proj No 121-081 - HydroDigital LLC
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PSA - Operate Smart Sewer System Proj No 121-081 - HydroDigital LLC
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12/17/2024 1:13:12 PM
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Board of Public Works
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Projects
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12/17/2024
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22.Equitable Relief. Each party acknowledges and agrees that a breach or threatened <br />breach by such party of any of its obligations under Section 9 or, in the case of Client, Section <br />2.3, or Section 3.3, would cause the other party irreparable harm for which monetary damages <br />would not be an adequate remedy and agrees that, in the event of such breach or threatened <br />breach, the other party will be entitled to equitable relief, including a restraining order, an <br />injunction, specific performance and any other relief that may be available from any court, without <br />any requirement to post a bond or other security, or to prove actual damages or that monetary <br />damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all <br />other remedies that may be available at law, in equity or otherwise <br />23.Safety and Security Regulations. Company is responsible for initiating, maintaining, and <br />supervising all health and safety precautions and programs in conjunction with the Services. <br />Company shall take all reasonable precautions in the area where Services are performed to <br />protect health and safety of persons (including employees of Company and Client) and to protect <br />the property of Company, Client, and others against damage, contamination, loss, or theft. <br />Company shall comply with all laws and regulations now in effect or which hereinafter may be <br />applicable relating to health, safety, and environment, including all applicable health and safety <br />laws in each of the jurisdictions in which Services are to be provided, and with all health, safety, <br />and environmental rules, regulations, and procedures at Client’s facilities. Compliance with such <br />requirements shall represent the minimum standard required of Company and shall be provided <br />at no additional cost to Client. Company is responsible for examining all requirements and <br />determining whether additional or more stringent health, safety, and security provisions are <br />required for the Services to be performed hereunder. Nothing contained in this Section shall affect <br />Company’s status as an independent contractor. Company shall ensure that the provisions of this <br />Section are made binding on all subcontractors. <br />24.Remedies. No right or remedy under this Agreement conferred on, or reserved to, either <br />party is intended to be exclusive of any other right or remedy, and every right and remedy is <br />cumulative and in addition to any other right or remedy under this Agreement, at law, or in equity. <br />[SIGNATURE PAGE FOLLOWS] <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first <br />above written. <br />Company, LLC <br />By___________________ <br />__ <br />Name: <br />Title: <br />_____________________ <br />By___________________
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