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ST. JOSEPH HOSPITAL OF ORANGE - 2008
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ST. JOSEPH HOSPITAL OF ORANGE - 2008
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Last modified
1/3/2012 2:10:43 PM
Creation date
7/22/2008 9:42:11 AM
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Contracts
Company Name
ST. JOSEPH HOSPITAL OF ORANGE
Contract #
A-2008-205-B
Agency
Finance & Management Services
Council Approval Date
3/3/2008
Expiration Date
1/9/2011
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Iv <br />STANDARD PROVISIONS <br />§401. Construction of Provisions and Titles Herein <br />All titles or subtitles appearing herein have been inserted for convenience and <br />shall not be deemed to affect the meaning or construction of any of the terms or <br />provisions hereof. The language of this Agreement shall be construed according <br />to its fair meaning and not strictly for or against either party. <br />§402. Applicable Law, Interpretation and Enforcement <br />Each party's performance hereunder shall comply with all applicable laws of the <br />United States of America, the State of California, and the CITY. This Agreement <br />shall be enforced and interpreted under the laws of the State of California and the <br />CITY. <br />If any part, term or provision of this Agreement shall be held void, illegal, <br />unenforceable, or in conflict with any law of a federal, state or local government <br />having jurisdiction over this Agreement, the validity of the remaining portions of <br />provisions shall not be affected thereby. <br />§403. Integrated Agreement <br />This Agreement sets forth all of the rights and duties of the parties with respect to <br />the subject matter hereof, and replaces any and all previous agreements or <br />understandings, whether written or oral, relating thereto. This Agreement may be <br />amended only by a written instrument executed by both parties hereto. <br />§404. Excusable Delays <br />In the event that performance on the part of any party hereto shall be delayed or <br />suspended as a result of circumstances beyond the reasonable control and <br />without the fault and negligence of said party, none of the parties shall incur any <br />liability to the other parties as a result of such delay or suspension. Circumstances <br />deemed to be beyond the control of the parties hereunder shall include, but not be <br />limited to, acts of God or of the public enemy; insurrection; acts of the Federal <br />Government or any unit of State or Local Government in either sovereign or <br />contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes, <br />freight embargoes or delays in transportation; to the extent that they are not <br />caused by the parry's willful or negligent acts or omissions and to the extent that <br />they are beyond the party's reasonable control. <br />§405. Breach <br />Except for excusable delays, if any party fails to perform, in whole or in part, any <br />promise, covenant, or agreement set forth herein, or should any representation <br />made by it be untrue, any aggrieved party may avail itself of all rights and <br />remedies, at law or equity, in the courts of law. Said rights and remedies are <br />cumulative of those provided for herein except that in no event shall any party <br />
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