BC 1990 12 03 - Laserfiche WebLink

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619 respective fire, extended coverage insurance policies. 11. 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 any other cause not within the control of the party whose performance is interfered with, and which, by the exercise of reasonable diligence, the party is unable to prevent whether of the class of causes herein before enumerated or not. TERMINATION FOR CAUSE: In the event of any breach or default by Purchaser or Vendor 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. 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 Vendor should fail to transport for a consecutive three (3) day period or should any person riding become injured as a result of an accident attributable to the negligence of the Vendor, as determined by law enforcement officials, then such action shall be deemed on-performance and shall be justification for immediate cancellation of this Agreement. 12. 13. 14. The Purchaser may require changes in the services to be provided by the Vendor under this Agreement. Any changes shall be incorporated in written amendments to this Agreement. The vendors prices are subject to change at the Kannapolis City level due to fixed prices by all the owners and operators of Kannapolis taxi cab companies. The vendor must submit a request within 15 days of such an increase notice if both parties agree, by a contract amendment which shall be negotiated. Prices may be retroactive pending an agreement by both Vendor and Purchaser. This Agreement is executed and is to be performed in the State of North Carolina, and all questions of interpretation and construction shall be construed by the laws of such state. TERMINATION FOR CONVENIENCE Agreement may be terminated by the Vendor giving the project no less than fifteen (15) days prior written notice of intention to terminate as of the date specified; or by the Program giving both the Vendor and Department of Aging fifteen (15) days prior written notice of intention to terminate as of the date specified. This fifteen (15) day notice shall in no way conflict with the cancellation provision, stated above for non-delivery or delivery of unsafe transportation practices Program participants. CONTRACT FOR TRANSPORTATION SERVICE IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS Agreement to be executed by its designated officials pursuant to specific resolutions of their respective governing bodies or boards, as of the day and year first above written. ATTEST County: Signature: Title: Date: PURCHASER Cabarrus County Department of Aging Signature: Title: Date: VENDOR Signature: Title: Date: This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act.