AG 2002 08 19 (Regular) - Laserfiche WebLink

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