Southtowns Record

SUPPORTING DOCUMENT

Government
Town of Aurora
Board
Town Board
Meeting
Aug 31, 2026
Kind
Agenda packet
Topics
Water, sewer and drainage

Original document

Same meeting

Text · page 10 of 16

Read the whole document on one page (all 16 pages, each with its own heading)

other Party of the default, and the defaulting Party shall have: thirty (30) days from the receipt of the notice
  to cure any default under this Agreement. If the defaulting Party fails to cure the breach within the allotted
  time, the non-defaulting Party may, at its option, immediately terminate the Agreement by written notice
  to the defaulting Party. In the event of a default, the defaulting Party agrees to pay all damages caused by
  said default, to include, without limitation reasonable attorneys’ fees and costs associated with enforcement
  of this Agreement.

18. INDEPENDENT CONTRACTOR
  Company shall perform the Collection Services as an independent contractor. Company, its officers,
  employees, agents, contractors or subcontractors, are not and shall not be considered employees, agents or
  servants of the Town for any purpose whatsoever under this Agreement or otherwise. Company at all times
  shall have exclusive control of the performance of the Collection Services. Nothing in this Agreement shall
  be construed to give Town any right or duty to supervise or control Company, its officers, employees, agents,
  contractors, or subcontractors, or to determine the manner in which Company shall perform its obligations
  under the Agreement.

19. ASSIGNMENT
  Company shall not assign, sublet or otherwise transfer this Agreement, in whole or in part, without the prior
  written consent of the Town, which consent shall not be unreasonably withheld provided that Company is not
  in breach or default hereunder and assignee party agrees in writing to undertake and perform all of Company’s
  obligations hereunder, and shall not assign any of the monies payable under this Agreement, except by and
  with the written consent of the Town

20. FORCE MAJEURE
  Except for the failure to make payment when due, neither party shall be in default for its failure to perform or
  delay in performance caused by an Uncontrollable Circumstance, and the affected party shall be excused from
  performance during the occurrence of such events. For purposes of this Agreement, “Uncontrollable
  Circumstances” means any act of terrorism, act of God, landslides, lightning, forest fires, storms, floods,
  typhoons, hurricanes, severe weather, freezing, earthquakes, volcanic eruptions, other natural disasters or the
  imminent threat of such natural disasters, epidemics, pandemics, quarantines, civil disturbances, acts of the
  public enemy, wars, blockades, public riots, labor unrest (e.g., strikes, lockouts, or other labor disturbances),
  acts of domestic or foreign governments or governmental restraint or other causes, whether of the kind
  enumerated or otherwise, and whether foreseeable or unforeseeable, that are not reasonably within the control
  of a party. Company shall be entitled to an equitable adjustment in price in the event of the occurrence of a
  Force Majeure Event that increases the cost of performing its obligations under this Agreement, provided that

  Page 10 of 16