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PRIME GOV 2022
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Last modified
7/26/2023 9:08:40 AM
Creation date
5/10/2022 9:18:10 AM
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Contracts
Company Name
PRIME GOVERNMENT SOLUTIONS INC; PRIMEGOV
Contract #
N-2022-126
Agency
Information Technology
Expiration Date
5/4/2023
Destruction Year
2028
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Force Majeure of this agreement Is defined as catastrophic events of environmental <br />and unforeseen nature. Examples defined as force Majeure (but not limited to) <br />include, hurricanes, tornados, earthquakes, and others of like unforeseen <br />environmental impacts. <br />21.21f a party's performance of its obligations under this Agreement is affected by Force <br />Majeure: <br />21.2.1 it will give written notice to the other party, specifying the nature and extent <br />of the Force Majeure, within seven days of becoming aware of the Force <br />Majeure and will at all times use all reasonable endeavors to bring the Force <br />Majeure event to an end and, whilst the Force Majeure is continuing, to <br />mitigate its severity, without being obliged to incur any expenditure; <br />21.2.2 subject to the provisions of clause 21.3, the date for performance of such <br />obligation will be deemed suspended only for a period equal to the delay <br />caused by such event; <br />21.2.3 it will not be entitled to payment from the other party in respect of extra costs <br />and expenses incurred by virtue of the Force Majeure. <br />21.3 If the Force Majeure in question continues for more than three months a party may <br />give written notice to the other to terminate this Agreement. The notice to terminate <br />must specify the termination date, which must not be less than 15 days and once such <br />notice has been validly given, this Agreement will terminate on that termination date. <br />21.41f the Agreement is terminated in accordance with clause 21.3, then neither party will <br />have any liability to the other except that rights and liabilities which accrued prior to <br />such termination will continue to exist. <br />22 EMPLOYEES NON•SOLICITATION <br />22.1 Notwithstanding any degree of supervision exercised by either party over employees <br />of the other, in no circumstances will the relationship of employer and employee be <br />deemed to arise between either party and an employee of the other. <br />22.21-Inless this Agreement is earlier terminated by reason of the Supplier's Insolvency <br />("Insolvency Event") when no such restrictions shall apply, during the term of this <br />Agreement and for a period of six months after its termination, Customer will not and <br />will ensure that its Affiliates will not, directly or indirectly, without the prior written <br />consent of the other, solicit, or permit any of Its group companies to solicit or entice, <br />the employment of any person who is employed by the other party or any of its group <br />companies and whose role either wholly or partly relates to the provision of the Service <br />or the performance of this Agreement. For the purposes of this clause 22 "solicit" or <br />"entice" means the soliciting or enticing of such person with a view to engaging such <br />person as an employee, director, sub -contractor, consultant or independent <br />contractor or through a company owned by such person or his or her family, but will <br />not apply in the case of any such person responding without enticement to a job <br />advertisement which is capable of being responded to by members of the public (or <br />sections thereof) generally. <br />22.31n such circumstances where the Supplier suffers an Insolvency Event, nothing in this <br />clause 22 will prohibit the Customer from soliciting or enticing or attempting to solicit <br />or entice the employment of any of the key personnel for the duration of that <br />Insolvency Event. <br />
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