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AG 2002 08 19 (Regular)
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AG 2002 08 19 (Regular)
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Last modified
3/2/2006 5:01:40 PM
Creation date
11/27/2017 11:43:52 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/19/2002
Board
Board of Commissioners
Meeting Type
Regular
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9.6. Decision of Questions <br /> <br />To prevent all disputes, it is understood that all questions arising as to the proper <br />performance and the amount to be paid for under this Agreement shall be decided by the <br />County, subject to the right of the Collector to appeal to the Board of County <br />Commissioners whose decision shall be final. <br /> <br />9.7 Force M~eure <br /> <br />Notwithstanding any provision other than as set forth in this Section, Force Majeure, the <br />performance of this Agreement may be suspended and the obligations thereunder excused <br />in the event that such performance is prevented by an event beyond the control of the <br />Collector (Force Majeure) and the Collector acts in the following manner: <br /> <br /> 1. The Collector shall affirmatively prove to the County the occurrence ora <br />Force Majeure event and the time delay thereby to the performance of the provisions of <br />this Agreement. <br /> <br /> 2. Should the County find that a Force Majeure event has occurred, it shall <br />extend the time for performance accordingly. Provided that in the event the County, <br />exercising its reasonable discretion, finds that the Force Majeure event will prevent or <br />alter performance or for such a period of time as to make performance unreasonable, the <br />County may declare .the Agreement terminated. <br /> <br />3. A Force Majeure is defined for the purpose of this Agreement as: <br /> <br /> Compliance with any order of any governmental authority or court, acts of war, <br />rebellion, insurrection, sabotage or damage resulting therefrom, fires, floods, explosions, <br />washouts, riots, strikes, slowdowns and walkouts, blockouts, industrial disturbance, or <br />events similar to these above. Provided, that any Force Majeure event or its effects must <br />be affirmatively shown to have been beyond the reasonable control of the Collector. <br />Provided still further that the Collector shall'give written notice to the County within <br />three mOnths of the event in question, served on the County, as a condition precedent to <br />invoking the provisions of this Section 9.7 - Force Majeure. <br /> <br /> The parties further recognize that the provision of this Section 9.7 shall in no way <br />limit the Collector's duty, as otherwise specified herein, to secure all necessary permits <br />and comply with all applicable laws, regulations, or permit conditions. Any <br />administrative or legal proceedings required to be carried out by the Collector shall be <br />pursued until all available appeals have been exhausted, unless written instruction to the <br />contrary is received from the Board of County Commissioners. <br /> <br /> <br />
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