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MOU - Ice Box Expansion Proj No. 123-036 – American Arena, LLC SB Youth Hockey, Inc.
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MOU - Ice Box Expansion Proj No. 123-036 – American Arena, LLC SB Youth Hockey, Inc.
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8/22/2023 2:23:18 PM
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Board of Public Works
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Contracts
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8/22/2023
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120320-ALL <br /> <br />Rev. 10/2020 10 <br /> <br />15. FORCE MAJEURE <br /> <br />Neither party to this Contract will be held responsible for delay or default caused by acts of God <br />or other conditions that are beyond that party’s reasonable control. A party defaulting under <br />this provision must provide the other party prompt written notice of the default. <br /> <br />16. SEVERABILITY <br /> <br />If any provision of this Contract is found to be illegal, unenforceable, or void then both <br />Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the <br />remainder of this Contract is capable of performance, it will not be affected by such declaration <br />or finding and must be fully performed. <br /> <br />17. PERFORMANCE, DEFAULT, AND REMEDIES <br /> <br />A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and <br />address unresolved contract issues as follows: <br /> <br />1. Notification. The parties must promptly notify each other of any known dispute and <br />work in good faith to resolve such dispute within a reasonable period of time. If necessary, <br />Sourcewell and the Vendor will jointly develop a short briefing document that describes the <br />issue(s), relevant impact, and positions of both parties. <br />2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified <br />above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher <br />level of management. The Vendor will have 30 calendar days to cure an outstanding issue. <br />3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the <br />Vendor must continue without delay to carry out all of its responsibilities under the <br />Contract that are not affected by the dispute. If the Vendor fails to continue without delay <br />to perform its responsibilities under the Contract, in the accomplishment of all undisputed <br />work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result <br />of such failure to proceed will be borne by the Vendor. <br /> <br />B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, <br />or any Participating Entity order under this Contract, in default: <br /> <br />1. Nonperformance of contractual requirements, or <br />2. A material breach of any term or condition of this Contract. <br /> <br />Written notice of default and a reasonable opportunity to cure must be issued by the party <br />claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated <br />or other damages. If the default remains after the opportunity for cure, the non-defaulting <br />party may: <br /> <br /> <br />
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