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AG 2015 03 16
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AG 2015 03 16
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Last modified
3/17/2015 10:55:01 AM
Creation date
11/27/2017 10:37:15 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
3/16/2015
Board
Board of Commissioners
Meeting Type
Regular
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13.5 Written Amendments <br />This Agreement shall not be altered, modified or amended in whole or in part, ex- <br />cept in a writing executed by each of the parties hereto. <br />13.6 Force Majeure <br />(a) No party will be liable or responsible to the other party for any delay, <br />damage, loss, failure, or inability to perform caused by "Force Majeure" if notice is provided to <br />the other party within ten (10) days of date on which such party gains actual knowledge of the <br />event of "Force Majeure" that such party is unable to perform. The term "Force Majeure" as <br />used in this Agreement means the following: an act of God, strike, war, public rioting, lightning, <br />fire, storm, flood, inability to obtain materials or supplies due to a Force Majeure, epidemics, <br />landslides, earthquakes, civil disturbances, breakage or accident to machinery or lines of equip- <br />ment, temporary failure of equipment, freezing of equipment, terrorist acts, and any other cause <br />whether of the kinds specifically enumerated above or otherwise which is not reasonably within <br />the control of the party whose performance is to be excused and which by the exercise of due <br />diligence could not be reasonably prevented or overcome (it being acknowledged that under no <br />circumstances shall a failure to pay amounts due and payable hereunder be excusable due to a <br />Force Majeure). <br />(b) Neither party hereto shall be under any obligation to supply any service or <br />services if and to the extent and during any period that the supplying of any such service or ser- <br />vices or the provision of any component necessary therefor shall be specifically prohibited or <br />rationed by any Law. <br />(c) Except as otherwise expressly provided in this Agreement, no abatement, <br />diminution or reduction of the payments payable to SMG shall be claimed by the County or <br />charged against SMG, nor shall SMG be entitled to additional payments beyond those provided <br />for in this Agreement for any inconvenience, interruption, cessation, or loss of business or other <br />loss caused, directly or indirectly, by any present or future Laws, or by Force Majeure. <br />(d) In the event of damage to or destruction of the Facility by reason of fire, <br />storm or other casualty or occurrence of any nature or any regulatory action or requirements that, <br />in either case, is expected to render the Facility materially unusable, notwithstanding the Coun- <br />ty's reasonable efforts to remedy such situation, for a period estimated by an Architect selected <br />by the County at the request of SMG of at least one hundred eighty (180) days from the happen- <br />ing of the fire, other casualty or any other such event, either party may terminate this Agreement <br />upon written notice to the other. In the event that the Facility becomes either wholly or partially <br />unusable as a result of any of the foregoing, appropriate pro rata adjustments to the Benchmark <br />shall be made. <br />(e) SMG may suspend performance required under this Agreement, without <br />any further liability, in the event of any Force Majeure, which act or occurrence is of such effect <br />and duration as to effectively curtail the use of the Facility so as effect a substantial reduction in <br />the need for the services provided by SMG for a period in excess of ninety (90) days; provided, <br />pdfconvert. 9450.1. cabarms_agreement_2015. doc <br />32 <br />Attachment number 1 <br />F -1 Page 112 <br />
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