Laserfiche WebLink
XI. MISCELLANEOUS PROVISIONS <br />The City of South Bend, upon recommendation by the Director of Utilities or the City's <br />designated Project Representative, reserves the right to terminate the contract in the event <br />of non-compliance or unsatisfactory performance of the Contractor. <br />Neither Party shall be liable to the other Party for breach or for failure or delay in the <br />performance of its obligations hereunder caused by any act or occurrence beyond its <br />reasonable control, including, but not limited to: fires; floods; strikes (except any strikes <br />involving a Party's personnel); a change in Federal, State, or local law or ordinance; orders <br />or judgments of any Federal, State, or local court, administrative agency or governmental <br />body; change in permit conditions or requirements; accidents; extreme weather conditions <br />including, for example, hurricanes, tornadoes, unusually high amounts of precipitation, <br />unusual extremes of temperature or wind, unusually extended periods of adverse weather <br />conditions; acts of war, aggression or terrorism (foreign or domestic); equipment failure <br />(other than due to inadequate maintenance thereof); and acts of God. <br />It is specifically understood that, without limitation, none of the following acts, events or <br />circumstances shall constitute an act or occurrence beyond a Party's reasonable control: <br />(i) reasonably anticipated weather conditions normal for the region in which the work is <br />performed or (ii) any failure to pay any sums in accordance with the terms of this <br />Agreement. Whenever the provisions of this Section are believed to apply, the Party <br />relying thereon shall give prompt notice to the other Party of the circumstances, the basis <br />for applicability of this Section and the time required to cure such breach or delay. <br />Contractor shall promptly provide notice of the need, if any, for additional compensation <br />or for renegotiation of terms in order to mitigate the effects of such event or to comply with <br />a change in law or regulation or interpretation thereof. Contractor shall be entitled to <br />additional time and compensation if such event delays performance into a season different <br />from that assumed when this Agreement was executed. Contractor and the City shall use <br />reasonable best efforts to agree on appropriate mitigating actions under the <br />circumstances. <br />The tender of a bid to the Board of Public Works of the City of South Bend on the basis of these <br />specifications constitutes an agreement and an acceptance of all of the terms and requirements <br />of the said specifications. <br />Tier. 13 — 0101115 <br />