AG 2015 06 15 - Laserfiche WebLink

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15. CASUALTY LOSS. In the event the Facility or any part thereof is partially destroyed by fire or other casualty and such partial destruction materially affects the ability of SMGFB to provide the Services, the County shall exercise its best efforts to restore or cause to be restored such damaged portions thereof, such that the Services may be resumed as promptly as possible. If complete operation of the Facility must be suspended due to fire or other casualty and full operation is not resumed within ninety (90) days from the date of such suspension, either party shall have the right to terminate this Agreement by providing the other with sixty (60) days' prior written notice of its intention to do so. In the event that this Agreement is not terminated as provided under this Section 15, the Term shall be extended by the period of time in which SMGF13's Services hereunder were so affected by any such casualty. 16. FORCE MAJEURE. Neither party shall be obligated to perform hereunder and neither party shall be deemed to be in default if its performance is prevented by (i) fire, earthquake, flood, act of God, riot, civil commotion, or other occurrence or condition of a like nature; or (ii) any Law of any public or military authority stemming from the existence of economic controls, riot, hostilities, war or governmental policy. 17. TERMINATION. A. Termination Upon Default In addition to any other provision herein which confers a right of termination on the County or SMGFB, either party may terminate this Agreement upon a default by the other party hereunder. A party shall be in default hereunder if (i) such party fails to pay any sum payable hereunder within fifteen (15) days after same is due and payable, or (ii) such party fails in any material respect to perform or comply with any of the other terms, covenants, agreements or conditions hereof and such failure continues for more than thirty (30) days after written notice thereof from the other party. In the event that a default (other than a default in the payment of money) is not reasonably susceptible to being cured within the thirty (30) day period, the defaulting party shall not be considered in default if it shall within such thirty (30) day period have commenced with due diligence and dispatch to cure such default and thereafter completes with dispatch and due diligence the curing of such default. B. Effect of Termination If this Agreement is terminated as provided herein, (i) such termination shall be effective at 12:0 1A.M. on the ninetieth (90 day following the date written notice is given (unless such default is cured as provided herein), or on such earlier date as the parties may mutually agree, and (ii) such termination shall have the effect of terminating the provision of the Services by SMGFB hereunder; but, the rights of either party which have accrued prior to the date of termination shall survive termination, including without limitation any rights under Section 11 (with respect to indemnification). 18. ASSIGNMENT; SUBCONTRACTING. A. Successors and Assigns This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and permitted assigns. B. Restriction on Assignment Neither party may assign this Agreement without the prior written consent of the other party. I Attachment number 1 F -3 Page 81