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SERIAL 16154-RFP
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<br />occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake,
<br />storm, hurricane or other natural disaster), war, invasion, act of foreign enemies,
<br />hostilities (whether war is declared or not), civil war, riots, rebellion, revolution,
<br />insurrection, military or usurped power or confiscation, terrorist activities,
<br />nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike,
<br />interruption or failure of electricity or telecommunication service.
<br />6.4.2 Each party, as applicable, shall give the other party notice of its inability to perform and
<br />particulars in reasonable detail of the cause of the inability. Each party must use best
<br />efforts to remedy the situation and remove, as soon as practicable, the cause of its
<br />inability to perform or comply.
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<br />6.4.3 The party asserting Force Majeure as a cause for non-performance shall have the burden
<br />of proving that reasonable steps were taken to minimize delay or damages caused by
<br />foreseeable events, that all non-excused obligations were substantially fulfilled, and that
<br />the other party was timely notified of the likelihood or actual occurrence which would
<br />justify such an assertion, so that other prudent precautions could be contemplated.
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<br />6.4.4 The County shall reserve the right to terminate this Contract and/or any applicable order
<br />or contract release purchase order upon non-performance by Contractor. The County
<br />shall reserve the right to extend the Contract and time for performance at its discretion.
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<br />6.5 WARRANTY OF SERVICES:
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<br />6.5.1 The Contractor warrants that all services provided hereunder will conform to the
<br />requirements of the Contract, including all descriptions, specifications and attachments
<br />made a part of this Contract. County’s acceptance of services or goods provided by the
<br />Contractor shall not relieve the Contractor from its obligations under this warranty.
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<br />6.5.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt
<br />correction of any services failing to meet the Contractor's warranty herein for one year
<br />following the performance of those services. Services corrected by the Contractor shall
<br />be subject to all the provisions of this Contract in the manner and to the same extent as
<br />services originally furnished hereunder.
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<br />6.5.3 DISCLAIMER OF WARRANTIES FOR PRODUCTS. COUNTY’S SOLE AND
<br />EXCLUSIVE WARRANTY FOR PRODUCTS, IF ANY, IS THAT PROVIDED BY
<br />THE PRODUCT MANUFACTURER. CONTRACTOR DISCLAIMS ALL
<br />EXPRESSED, IMPLIED OR STATUTORY WARRANTIES, WHETHER IMPLIED
<br />BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT
<br />LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
<br />FITNESS FOR A PARTICULAR PURPOSE. THE LANGUAGE OF THIS
<br />PARAGRAPH SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS
<br />AGREEMENT
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<br />6.6 INSPECTION OF SERVICES:
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<br />6.6.1 The Contractor shall provide and maintain an inspection system acceptable to County
<br />covering the services under this Contract. Complete records of all inspection work
<br />performed by the Contractor shall be maintained and made available to County during
<br />contract performance and for as long afterwards as the Contract requires.
<br />6.6.2 County has the right to inspect and test all services called for by the Contract, to the
<br />extent practicable at all times and places during the term of the Contract. County shall
<br />perform inspections and tests in a manner that will not unduly delay the work.
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<br />6.6.3 If prior to completion of an Order any of the services required by that Order do not
<br />conform to Contract requirements, County may require the Contractor to perform the
<br />services again in conformity with Contract requirements, at no cost to the County. When
<br />the defects in services cannot be corrected by re-performance, County may:
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