04-13-15 Agenda, Packet & Committee Meeting Notice

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emergency, this Agreement shall remain in effect but the affected Part)'s obligations shall be suspended for a 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 hfajeure, including the nature of the occurrence and its expected duration, and continues to furnish tinily regular reports with respect thereto during the period of force Majeure; (h) 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 Para- that arose before rile eve -tut of Force Majeure causing the suspension of performance are excused as a result of the event Force bfajcure; (d) the lion- performing Party uses reasonable efforts to remedy its itability to perform; and (c) the Term of this Agreement shall be extended for a period equal to the rlttnll)er of days that the event of Force hfajcurc prevented the non - performing Parry from performing. Any decision by Customer to close or change the use of the facilities or ECM's at the Propern" except to the extent such closure or change is itself caused by Force Majeure, shall not constitute a Force Majeure excusing Customer's performance under this A7neenlcnt. SECTION 22 Contract Documents (a) Upon execution of this Agreement by both Parties, this agreement and its Attachments, which are hereby incorporated herein by reference, shall constitute the entire Agreement between the Partics relating to the subject matter hereof, and shall supersede Al requests for proposals, proposals; previous agreement., discussions, negotiations, correspondences, and all other communications, whencct oral or written, between the parties relating to the subject matter of this agreement. (b) This Agreement may not be modified or amended except in writing sighed by the Parties. (c) Headings are for the convenience of reference only and are 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 date of the confirmed facsimile transmission, or on the date received when delivered by courier that has a reliable system for tracking delivcn, or six (G) business days after the date of mailing when mailed by 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 CJ'IY OF SOUTH BEND, INDIANA 227 \Vest Jefferson Blvd, 18