2025-26 Trees Atlanta Smyrna Front Yard Program Agreement- Updated
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11 July 24, 2025 5.3 Trees Atlanta will take such lawful action with respect to any contractor or subcontractor as the City may direct as a means of enforcing the provisions herein, including penalties and sanctions for non-compliance; provided, however, that in the event Trees Atlanta becomes involved in or is threatened with litigation as a result of such direction by the City, the City may enter into such litigation as is necessary to protect the interest of the City and to effectuate the Equal Employment Opportunity Program of the City. 5.4 Trees Atlanta shall include the provisions of section 5 of this Agreement in every contract and subcontract so that such provisions will be binding upon each contractor and subcontractor. 5.5 The refusal by Trees Atlanta or any of its contractors or subcontractors to comply with the non-discrimination section of this Agreement, after notice of default and a reasonable opportunity to cure, may subject the offending party to cancellation of the Agreement o r contract or subcontract, as applicable. Term of this Agreement This Agreement shall be effective upon the date first above written. The term of this Agreement shall be deemed to have commenced on the date hereof, and shall continue until April 30, 2026 (“Term”), or the date on which Trees Atlanta has rendered all services required under this agreement (including any necessary tree replacements) and all fees and reimbursable expenses are paid to Trees Atlanta in full by the City, in an amount not to exceed $16,250 in accordance with the terms and conditions of this Agreement. Termination of this Agreement 6.1 Termination for Default . Either party shall have the right to terminate this Agreement if the other party is in default of any obligation hereunder and such default is not cured within ten (10) days of receipt of a written notice from the other party specifying such default. “Default” shall mean: 6.1.1 If Trees Atlanta fails to perform or observe any of its duties or obligations under the terms of this Agreement. 6.1.2 If the City or Trees Atlanta shall have made any warranty or representation in connection with this Agreement which is found to have been false at the ti me such warranty or representation was made and is materially harmful to the other party. 6.2 Termination for Convenience. Notwithstanding the above, either party to this agreement may, for its own convenience and at its sole option, without cause and without prejudice to any other right or remedy of the other party, elect to terminate the Agreement by delivering to the either party, at the address listed below, a written notice of termination specifying the effective date of termination. Such notice shall be delivered to the terminating party at