Laserfiche WebLink
i <br /> 14. Force Maieure. <br /> a. "Force Majeure" means any cause beyond the reasonable control of a party, <br /> including but not limited to act of God,civil or military disruption,fire,strilco, flood,riot,war,or inability <br /> due to the aforementioned causes to obtain necessary labor,materials, or facilities. <br /> b. If any Tarty hereto is delayed or prevented from fulfilling its obligations under this <br /> Agreement by Force Maj eure,said Party will not be liable under this Agreement for such delay or failure, <br /> nor for damages or injuries resulting directly from the inability to perform scheduled work due to Force <br /> N.Maj eure. <br /> C. Consultant shall be granted an automatic extension of time commensurate with any <br /> delay in performing scheduled work arising from Force Majeure. Consultant agrees to resume such work <br /> within three (3) days after the Force Majeure has subsided enough to do so, <br /> 15, Assigpmont. Neither Party shall assign or transfer its interest in this Agreement or any part <br /> thereof without the written consent of the other Party. <br /> 16. Exclusivity and.Amendment. <br /> This Agreement represents the complete and exclusive statement between the City and <br /> Consultant, and supersedes any and all other agreements,oral or written,between the parties. In the <br /> event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this <br /> Agreement shall prevail. This Agreement may not be modified except by written instrument signed by <br /> the City and by an authorized representative of Consultant. The parties agree that any terms or <br /> conditions of any purchase order or other instrument that are inconsistent with,or in addition to,the <br /> terms and conditions hereof, shall not bind or obligate Consultant or the City.Each party to this <br /> Agreement acknowledges that no representations, inducements,promises or agreements, orally or <br /> otherwise,have been made by any party, or anyone acting on behalf of any party,which is not embodied <br /> herein. <br /> 17. 'Waiver of Breach. <br /> No waiver of breach,failure of any condition,or any right or remedy contained in or granted by <br /> the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving <br /> the breach,failure,right or remedy.No waiver of any breach,failure or right,or remedy shall be deemed <br /> a waiver of any other breach,failure, right or remedy,whether or not similar,nor shall any waiver <br /> constitute a continuing waiver unless the writing so specifies. <br /> 18. Notice. Whenever it shall be necessary for either Party to serve notice on the other <br /> respecting this Agreement,such notice shall.be served by personal delivery or by certified mail addressed <br /> at the following address,unless and until different addresses may be furnished in writing by either Party <br /> to the other and such notice shall be deemed to have been served within seventy-two(72)hours after the <br /> same has been deposited in a UMted States Post Office by certified mail or has boon delivered personally, <br /> and shall be valid and sufficient service of notice.for all purposes; <br /> Wage 6 of 9 <br /> i <br /> i <br />