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CARIBOU INDUSTRIES (5)
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CARIBOU INDUSTRIES (5)
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Last modified
5/22/2019 4:01:20 PM
Creation date
5/22/2019 1:13:18 PM
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Contracts
Company Name
CARIBOU INDUSTRIES
Contract #
A-2019-062
Agency
Community Development
Council Approval Date
5/7/2019
Expiration Date
5/7/2020
Destruction Year
2025
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Agreement. Whenever required by the context of this Agreement, the singular shall include the <br />plural and the masculine shall include the feminine and vice versa, This Agreement shall not be <br />construed as if it had been prepared by one Party, but rather as if the Parties cooperated equally in <br />preparing this Agreement. Unless otherwise indicated, all references to sections are to this <br />Agreement. All exhibits referred to in this Agreement are attached to this Agreement and <br />incorporated into this Agreement by this reference. If the date on which a Party is required to take <br />any action pursuant to the terms of this Agreement is not a business day of the City, the action <br />shall be taken on the next succeeding business day of the City. <br />22. Attorneys' Fees. If a Party hereto files any action or brings any action or <br />proceeding against another Party arising out of this Agreement, then the prevailing Party shall be <br />entitled to recover as an element of its costs of suit, and not as damages, its reasonable attorneys' <br />fees as fixed by the court, in such action or proceeding or in a separate action or proceeding brought <br />to recover such attorneys' fees. For the purposes hereof the words "reasonable attorneys, fees" <br />mean and include, in the case of the City, salaries (or fees) and expenses of the lawyers employed <br />by the City (allocated on an hourly basis) who may provide legal services in connection with the <br />representation of the City in any such matter. <br />21 Enforeed Delay. No party shall be deemed in default of its obligations under this <br />Agreement where a delay or default is due to an act of God, natural disaster, accident, breakage or <br />failure of equipment, enactment of conflicting federal or state laws or regulations, third -party <br />litigation, administrative action, including strikes, lockouts or other labor disturbances or disputes <br />of any character, interruption of services by suppliers thereof, unavailability of materials or labor, <br />unforeseeable and severe economic conditions, rationing or restrictions on the use of utilities or <br />public transportation whether due to energy shortages or other causes, war, civil disobedience, riot, <br />or by any other severe and unforeseeable occurrence that is beyond the control of that party <br />(collectively, "Enforced Delay"). Performance by a party of its obligations shall be excused <br />during, and extended for a period of time equal to, the period (on a day -for -day basis) for which <br />the cause of such Enforced Delay is in effect. <br />[Signatures on following page] <br />
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