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<br />Maintenance Contracl2009 <br />Valley Creek Management, LLC <br />Pagc2of4 <br /> <br />. If payments are not received on the specified due date Valley Creek Management, <br />LLC may at its sole option and without prior notice, terminate this contract for <br />terms of non-payment See termination of contract clause. <br />· Payments to be made May 15, 2009-0ct0ber 15,2009 or for the serviced months <br />during the contracted year. <br /> <br />TERMINATION OF CONTRACT <br />Valley Creek Management, LLC may be at its sole option and without prior notice, <br />terminate this contract for non-payment over 30 days of invoice date. In all other cases, <br />this contract shall continue in full force and effect until the scheduled effective contract <br />termination: date set forth unless either party gives thirty (30) days written notice by <br />certified or registered mail with return receipt requested of its intention to terminAtp. . <br />Receipt of a termination notice by either party shall automatically terminate this contract <br />at the end of the notice period, unless both parties agree in writing to reinstate the <br />contract prior to the effective date of termination. <br /> <br />For the purpose of the service of a notice of termination for the services listed in this <br />contract, PUl'S\lllllt to the paragraph above, service must be made to Valley Creek <br />Management, LLC. For the purpose of the service of notice of termination to the client, <br />pursuant to the paragraph above, service will be made to the Lawn Maintenance <br />Supervisor, City ofCenterville, 1880 Main Street, Centerville, MN 55038. <br /> <br />DEFAULT OR DELAY OF GOODS OR SERVlCE;S <br />Valley Creek Management, LLC shall not be liable for delays or defaults in furnishing <br />goods or services hereunder, if such delays or defaults on the part of Valley Creek <br />Management, LLC are due to: <br />1. Acts of God or of a public enemy <br />2. Acts of the United States or any state or political subdivision thereof <br />3. Fires, severe weather, floods, earthquakes, natural disasters, explosions, or other <br />catastrophe <br />4. Embargos, epidemics, or quarantine restrictions <br />5. Shortage of goods, labor strikes, slowdowns, differences with workmen or labor <br />stoppages of any kind <br />6. delays of supplier or delay of transportation for any reason <br />7. Causes beyond the control of Valley Creek Management, LLC in furni"hi"g items <br />or services but not limited to breakdown or failure of machinery or equipment <br />Acceptance of delivery or goods or services shall constitute a waiver and release of <br />Valley Creek Management, LLC by Client of any claim for damages, setoff, discount or <br />other liability on account of delay. <br />