|
S If: C III C) I'`+V 5 _... N 0 II II C IL S
<br />All notices or other communications required or permitted hereunder shall be made in
<br />writing and shall be deemed to have been duly given if delivered by hand or mailed,
<br />postage prepaid, by certified or registered mail, return receipt requested, and
<br />addressed to the Sponsor at:
<br />ATTN: City of South Bend, Indiana, Board of Public Works
<br />227 W. Jefferson Blvd.
<br />South Bend, IN 466oi
<br />or to the Consultant at:
<br />ATTN: Daniel Collins, Director of Operations
<br />en Focus
<br />Studebaker Building 3.13
<br />635 5 Lafayette Boulevard
<br />South Bend, IN 466oi
<br />Notice of change of address shall be effective only when done in writing and sent in
<br />accordance with the provisions of this Section.
<br />S r;, C,"„ .U.., I 0 MJ A 1M II I:;: b VJ � ) M :, 0 \+� 1. S I "rN I.) W A I V E R S
<br />This Agreement may not be modified or amended except by an instrument in writing,
<br />signed by a duly authorized representative of the Sponsor and the Consultant. By an
<br />instrument in writing similarly executed, either party may waive compliance by the
<br />other party with any provision of this Agreement that such other party was or is
<br />obligated to comply with or perform, provided, however, that such waiver shall not
<br />operate as a waiver of, or estoppel with respect to, any other or subsequent failure.
<br />No failure to exercise and no delay in exercising any right, remedy, or power
<br />hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of
<br />any right, remedy, or power hereunder preclude any other or further exercise thereof
<br />or the exercise of any other right, remedy, or power provided herein or by law or in
<br />equity.
<br />uII:C::C'N`II0II`^III 7 VII J II LII IRV...YII' TV0[NII C S EIRVIIC II V
<br />Either party shall be excused from any delay or failure in performance required
<br />hereunder if caused by reason of any occurrence or contingency beyond its
<br />reasonable control, including, but not limited to, acts of God, acts of war, fire,
<br />insurrection, laws proclamations, edits, ordinances or regulations, strikes, lock -outs
<br />or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of
<br />nature. The obligations and rights of the party so excused shall be extended on a
<br />day-to-day basis for the time period equal to the period of such excusable
<br />interruption. When such events have abated, the parties' respective obligations
<br />hereunder shall resume.
<br />Sul C]lIIWJ 8 II:':)t`II IICAII:)IIIIi..II N Y II VrC II)C II AII)IIi...V`V_Y
<br />If any provision of this Agreement, or the application thereof to any person, place, or
<br />�..
<br />A. &A, N r—GGN.
<br />C- O n 5 u kin
<br />AgrIim e lip t
<br />1\1overnber?o18
<br />Page
<br />3 of 9
<br />
|