AG 2000 08 21 - Laserfiche WebLink

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Automobile bodily injury and property damage liability covering all owned, non- owned and hired aUtomobiles for limits of not less than $250,000 each person, $500,000 each occurrence bodily injury liability and $240,000 each occurrence property damage liability. The Caterer shall be responsible for all fees, taxes, and licenses required to operate under this Agreement. The Purchaser and Caterer hereby waive any and all rights or recovery from each other for loss caused by perils defined in their respective fire, extended coverage and sprinkler leakage insurance policies. 15. It is mutually agreed between the parties that neither party shall be held responsible to the other for any losses resulting from its delay or failure to perform to the extent that the party is delayed or prevented by federal, state or municipal action; war, revolution, riot, or other disorder;, strike fire, flood, act of God, or without limiting the foregoing, by and other cause not within the control of the part whose performance is interfered with and which, by the exercise of reasonable diligence, the party is unable to prevent whether of the class causes herein before enumerated or not. TERMINATION FOR CAUSE: In the event of any breach or default by the Purchaser or the Caterer of the terms and conditions of this Agreement, the party not in default shall give written notice to both the party in default or breach and to Centralina Council of Governments. If within fifteen (15) days after issuance of such notice the party in default shall have failed to cure such default, THEN IN THAT EVENT, the party not in default may terminate this Agreement. Except if the Caterer should fail to deliver meals for a consecutive three (3)day period or cannot meet the three hour limit for delivery after preparation, or should any persons eating meals prepared under this contract become ill as a result of food poisoning, attributable to the negligence of the Caterer, as determined by Public Health Officials, then such action shall be deemed non-performance and shall be justification for immediate cancellation of this Agreement. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the Caterer giving both the Program and Centralina Council of Governments no less than one hundred twenty (120) days prior notice of intention to terminate as of the date specified; or by the Program giving both the Caterer and the Centralina council of Governments thirty (30) days notice of intention to terminate as of the date specified. This thirty (30) day notice shall in no way conflict with the cancellation provision, stated above for non-delivery or delivery of non-wholesome meals or food poisoning of Program participants. 16.The Purchaser may require changes in the services to be provided by the Caterer under this Agreement. Any changes shall be approved in advance by the Centralina Council of Governments and shall be incorporated in written amendments in this Agreement.