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AG 2009 06 15
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AG 2009 06 15
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Last modified
2/5/2010 4:01:01 PM
Creation date
11/27/2017 11:25:33 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/5/2010
Board
Board of Commissioners
Meeting Type
Regular
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<br />Corporate Purchasing Agreement Confidential Pale 13 <br />Party at its address designated on the signature <br />page, or at such other address as such other <br />Party shall have furnished in writing to the <br />notifying Party in accordance with this Section <br />18. <br />19.0 FORCE MAJEURE. <br />Neither Party shall be liable for any delays or <br />other non-performance resulting from <br />circumstances or causes beyond its reasonable <br />control, including, without limitation, fire or <br />other casualty, act of God, strike or labor dispute, <br />shortages, inability to procure product, supplies <br />or raw materials, severe weather conditions, acts <br />of subcontractors, interruption of utility services, <br />war or other violence, any law, order or <br />requirement of any governmental agency or <br />authority or other causes beyond the reasonable <br />control of such Party (other than causes related to <br />such Party's financial condition or with respect to <br />the payment of money), provided that such Party <br />has promptly informed the other Party of such <br />force majeure event upon the occurrence thereof <br />(including a reasonable estimate of the additional <br />time required for performance) and such Party <br />uses best efforts and all due diligence to effect <br />the required performance as soon as reasonably <br />practicable. <br />20.3 Governing La~_v. The provisions <br />of this Agreement shall be construed in <br />accordance with the laws of the State of New <br />York excluding its conflicts of law provisions. <br />20.4 Assignment. The rights and <br />obligations of Buyer under this Agreement may <br />not be assigned by Buyer, nor may Buyer <br />subcontract or otherwise delegate the <br />perforn~ance of any of its duties here under <br />without, in either case, Supplier's prior written <br />consent (which consent shall not relieve Buyer <br />of any obligations hereunder or of full <br />responsibility for any permitted Subcontractors <br />or delegates). Supplier may assign (i) this <br />Agreement to an Affiliate (ii) its right to <br />payments herein, in either case, without the <br />consent of Buyer. Any assignment or delegation <br />in contravention hereof shall be null and void. <br />This Agreement shall be binding upon the <br />Parties hereto, their heirs, successors, assigns <br />and personal representatives, and reference to <br />the Buyer and Supplier shall include their <br />respective successors and permitted assigns. <br />20.5 Modifications in Writing. Any <br />modification or amendment of any provision of <br />this Agreement must be in writing and bear the <br />signature of the duly authorized Representatives <br />of both Parties. <br />20.0 MISCELLANEOUS. <br />20.1 Severability. If any provision of <br />this Agreement is'declared or found to be illegal, <br />unenforceable or void, then such provision shall <br />be null and void but each other provision hereof <br />not so affected shall be enforced to the full <br />extent permitted by applicable law. If any <br />provision of this Agreement is found to be so <br />broad as to be unenforceable, the provision shall <br />be interpreted to be only so broad as to be <br />enforceable. <br />20.2 Waiver. No waiver of any right <br />or remedy hereunder with respect to any <br />occurrence or event on one occasion shalt be <br />deemed a waiver of such right or remedy with <br />respect to such occurrence or event on any other <br />occasion. <br />20.6 Inte agr tion. This Agreement, <br />together with any exhibits, schedules, or <br />attachments to this Agreement or any other <br />document incorporated herein by reference, sets <br />forth the entire agreement and understandings <br />between the Parties hereto with respect to the <br />subject matter hereof. This Agreement <br />supersedes all previous discussions and <br />negotiations between the Parties and supersedes <br />and replaces any other agreement that may have <br />existed between Buyer and Supplier with respect <br />to the subject matter hereof. <br />20.7 Survival. Unless otherwise <br />provided herein, the rights and obligations of <br />any Party which by their nature extend beyond <br />the expiration or tern~ination of this Agreement <br />shall continue in full force and effect <br />Attachment number 5 <br />F_~ Page 230 of 433 <br /> <br /> <br /> <br />C <br />0 <br />n <br />C <br />i <br /> <br />i~ <br /> <br />u' <br />i <br />r <br /> <br />u <br />1 <br />fl <br />
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