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09/23/2019 BOARD OF SELECTMEN Agenda Packet
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09/23/2019 BOARD OF SELECTMEN Agenda Packet
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10/2/2019 5:40:47 PM
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Mashpee_Meeting Documents
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BOARD OF SELECTMEN
Meeting Document Type
Agenda Packet
Meeting Date
09/23/2019
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e) Security. The Town is not responsible for the security of the Licensed Area or any <br /> fixtures, equipment, machinery, vehicles or other personal property placed thereon <br /> by Contractor, each of which shall be the sole responsibility of the Contractor. <br /> f) Costs of operations. Contractor shall be solely responsible for any and all costs and <br /> expenses associated with the exercise of its rights under this Agreement and the <br /> cost of any non-structural repairs to the License Area made necessary by the actions <br /> of the Contractor. <br /> g) Indemnification. The Contractor agrees to take all reasonable and necessary <br /> precautions to prevent injury to persons and damage to property during the term of <br /> this Agreement and shall indemnify, save harmless and defend the Town, its officers, <br /> employees and/or agents, from and against all losses and expenses resulting, in any <br /> way, from any negligent or willful act or omission on the part of the Contractor, its <br /> agents, employees or sub-contractors or resulting directly or indirectly from <br /> Contractor's performance under this Agreement. <br /> h) Inde endent Contractor, Contractor agrees that it is not an agent or employee of the <br /> Town and is not authorized to act on behalf of the Town. <br /> 1. Unless otherwise agreed by the parties, in writing, the Contractor shall supply, <br /> at its sole expense, all staffing, equipment, tools, materials and supplies necessary to <br /> complete the services to be performed hereunder. <br /> 2. The Contractor understands that it is responsible to pay, according to law, all <br /> applicable taxes relating to its operation of the License Area, including but not limited <br /> to self-employment tax. <br /> 1) Assignment. Contractor shall not assign the license granted hereunder,or any interest <br /> therein, without the prior written consent of the Town. <br /> j) Sub-Contractors. Contractor shall not engage any other company, subcontractor or <br /> individual to perform any obligation hereunder without the prior written consent of <br /> the Town. <br /> 16. Penaltyfor Non-Compliance (Liquidated Damages). It is hereby agreed by the parties <br /> that in the event that all work or performance called for under the license agreement is <br /> not executed or completed by the Contractor in conformance with the terms of this <br /> Agreement, damage will be sustained by the Town, and that it is, and will be, <br /> impracticable and extremely difficult to ascertain and determine the actual amount of <br /> damages the Town will sustain in event of and by reason of such nonconformance. <br /> 4 <br />
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