03-23-15 Agenda. Packet & Committee Meeting Notice

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emergency, this Agreement shall remain is effect but the affected Parry's obligations shall be suspended fora period equal to the disabling circumstances, provided that (a) the non - performing Pam. gives the other party prompt written notice describing the particulars of the event of Force Majeure, including the nature of the occurrence and its expected duration, and continues to furnish timely regular reports with respect thereto during the period of Force 1llajeurc; (b) the suspension of performance is of no greater scope and of no longer duration than is required by the event of Force Majeure; (c) no obligations of either Part,' that arose before the event of Force Majeure causing the suspension of performance arc excused as a result of the event Force iNfajeure; (d) the non-performing Party uses reasonable efforts to remedy its inability to perfomt; and (c) the Term of this Agreement shall be extended for a period equal to the number of days that the event of Force Majeure prevented the non - performing part)- from perfonniog. Any decision by Customer to close or change the use of the facilities or EGNI's at the Property, except to the extent such closure or change is itself caused by Force Majeurc, shall not eonstimte a force Majeure excusing Customer's performance under this Agreement. SECTION 22 Contract Documents (a) Upon execution of this .-Agreement by both Pnrtics, this Agreement and its Attachments, which are hereby incorporated herein by reference, shall constitute the entire Agreement between the Parties relating to the subject matter hereof, and shall supersede all requests for proposals, proposals, previous agreements, discussions, negotiations, correspondences, and all other communications, wherher oral or written, between the parties relating to the subject matter of this :Agreement. (h) This Agreement may not be modified or amended except in writing signed by the Parties. (c) Pleadings are for the convenience of reference only and arc not to be construed as a part of the Agreement. SECTION 23 Notices All notices, requests, demands, elections and other communications under this ;Agreement, other than operational communications, shall be in writing and shall be deemed to have been duly given on the date when hand - delivered, or on the dare of the confirmed facsimile transmission, or on the date received when delivered by courier that has a reliable system for tracking delivery, or six (G) business days after the dare of mailing when mailed be United States mail, registered or certified mail, return receipt requested, postage prepaid. All notices shall he addressed to the following individuals: (a) If to Customer: Attention: Clerk of the Board of Public Works (:11Y OF SOUJ'I-I BEND, INDIANA 227 West jeffetson Blvd, 18