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03-23-15 Agenda. Packet & Committee Meeting Notice
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03-23-15 Agenda. Packet & Committee Meeting Notice
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4/23/2015 12:20:19 PM
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
3/23/2015
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emergency, this Agreement shall remain is effect but the affected Parry's obligations shall be suspended <br />fora period equal to the disabling circumstances, provided that <br />(a) the non - performing Pam. gives the other party prompt written notice describing the <br />particulars of the event of Force Majeure, including the nature of the occurrence and its <br />expected duration, and continues to furnish timely regular reports with respect thereto during <br />the period of Force 1llajeurc; <br />(b) the suspension of performance is of no greater scope and of no longer duration than is <br />required by the event of Force Majeure; <br />(c) no obligations of either Part,' that arose before the event of Force Majeure causing the <br />suspension of performance arc excused as a result of the event Force iNfajeure; <br />(d) the non-performing Party uses reasonable efforts to remedy its inability to perfomt; and <br />(c) the Term of this Agreement shall be extended for a period equal to the number of days that <br />the event of Force Majeure prevented the non - performing part)- from perfonniog. <br />Any decision by Customer to close or change the use of the facilities or EGNI's at the Property, except <br />to the extent such closure or change is itself caused by Force Majeurc, shall not eonstimte a force <br />Majeure excusing Customer's performance under this Agreement. <br />SECTION 22 Contract Documents <br />(a) Upon execution of this .-Agreement by both Pnrtics, this Agreement and its Attachments, which <br />are hereby incorporated herein by reference, shall constitute the entire Agreement between <br />the Parties relating to the subject matter hereof, and shall supersede all requests for proposals, <br />proposals, previous agreements, discussions, negotiations, correspondences, and all other <br />communications, wherher oral or written, between the parties relating to the subject matter of <br />this :Agreement. <br />(h) This Agreement may not be modified or amended except in writing signed by the Parties. <br />(c) Pleadings are for the convenience of reference only and arc not to be construed as a part of <br />the Agreement. <br />SECTION 23 Notices <br />All notices, requests, demands, elections and other communications under this ;Agreement, other than <br />operational communications, shall be in writing and shall be deemed to have been duly given on the <br />date when hand - delivered, or on the dare of the confirmed facsimile transmission, or on the date <br />received when delivered by courier that has a reliable system for tracking delivery, or six (G) business <br />days after the dare of mailing when mailed be United States mail, registered or certified mail, return <br />receipt requested, postage prepaid. All notices shall he addressed to the following individuals: <br />(a) If to Customer: <br />Attention: Clerk of the Board of Public Works <br />(:11Y OF SOUJ'I-I BEND, INDIANA <br />227 West jeffetson Blvd, <br />18 <br />
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