Laserfiche WebLink
Office of the City Attorney who provide legal services regarding the particular matter, pro -rated <br />to an hourly rate, in addition to any fees and costs of outside counsel to the City. <br />10.15 Unavoidable Delay; Extension of Time of Performance. <br />10.15.1Notice. Subject to any specific provisions of this Agreement stating that <br />they are not subject to Unavoidable Delay or otherwise limiting or restricting the effects of an <br />Unavoidable Delay, performance by either Party under this Agreement shall not be deemed, or <br />considered to be in Default, where any such Default is due to the occurrence of an Unavoidable <br />Delay. Any Patty claiming an Unavoidable Delay shall Notify the other Party: (a) within ten (10) <br />days after such Party knows of any such Unavoidable Delay; and (b) within five (5) days after <br />such Unavoidable Delay ceases to exist, To be effective, any Notice of an Unavoidable Delay <br />must describe the Unavoidable Delay in reasonable detail. The extension of time for an <br />Unavoidable Delay shall cormnence on the date of receipt of written Notice of the occurrence of <br />the Unavoidable Delay by the Party not claiming an extension of time to perform due to such <br />Unavoidable Delay and shall continue until the end of the condition causing the Unavoidable <br />Delay. The Party claiming an extension of time to perform due to an Unavoidable Delay shall <br />exercise its commercially reasonable best efforts to cure the condition causing the Unavoidable <br />Delay, within a reasonable time. <br />10.15.2ASSUMPTION OF ECONOMIC RISKS. EACH PARTY EXPRESSLY <br />AGREES THAT ADVERSE CHANGES IN ECONOMIC CONDITIONS, OF EITHER PARTY <br />SPECIFICALLY OR THE ECONOMY GENERALLY, OR CHANGES IN MARKET <br />CONDITIONS OR DEMAND OR CHANGES IN THE ECONOMIC ASSUMPTIONS OF <br />EITHER PARTY THAT MAY HAVE PROVIDED A BASIS FOR ENTERING INTO THIS <br />AGREEMENT SHALL NOT OPERATE TO EXCUSE OR DELAY THE PERFORMANCE OF <br />EACH AND EVERY ONE OF EACH PARTY'S OBLIGATIONS AND COVENANTS <br />ARISING UNDER THIS AGREEMENT. ANYTHING IN THIS AGREEMENT TO THE <br />CONTRARY NOTWITHSTANDING, THE PARTIES EXPRESSLY ASSUME THE RISK OF <br />UNFORESEEABLE CHANGES IN ECONOMIC CIRCUMSTANCES AND/OR MARKET <br />DEMAND/CONDITIONS AND WAIVE, TO THE GREATEST LEGAL EXTENT, ANY <br />DEFENSE, CLAIM, OR CAUSE OF ACTION BASED IN WHOLE OR IN PART ON <br />ECONOMIC NECESSITY, IMPRACTICABILITY, CHANGED ECONOMIC <br />CIRCUMSTANCES, FRUSTRATION OF PURPOSE, OR SIMILAR THEORIES. THE <br />PARTIES AGREE THAT ADVERSE CHANGES IN ECONOMIC CONDITIONS, EITHER OF <br />THE PARTY SPECIFICALLY OR THE ECONOMY GENERALLY, OR CHANGES IN <br />MARKET CONDITIONS OR DEMANDS, SHALL NOT OPERATE TO EXCUSE OR DELAY <br />THE STRICT OBSERVANCE OF EACH AND EVERY ONE OF THE OBLIGATIONS, <br />COVENANTS, CONDITIONS AND REQUIREMENTS OF THIS AGREEMENT. THE <br />PARTIES EXPRESSLY ASSUME THE RISK OF SUCH ADVERSE ECONOMIC OR <br />MARKET CHANGES, WHETHER OR NOT FORESEEABLE AS OF THE EFFECTIVE <br />DATE, <br />Initials of Authorized Initials of Authorized <br />53 <br />55394.00049\33239203.12 <br />