INTERACTIVE SYSTEMS - Laserfiche WebLink

Home Browse Search

b. "It is agreed that any insurance maintained by the City of Santa Ana shall apply in excess of and not contribute with, insurance provided by this policy." 10. FORCE MAJEURE. INTERACTIVE shall not bear any liability or responsibility whatsoever to any other party for any failure ro perform or delay caused by fire, earthquake, explosion, flood, hurricane, tornadoes, the elements, acts of God or the public enemy, restrictions, limitations or interference of governmental authorities or agents, war, invasion, insurrection, rebellion, riots. strikes or lockouts, inability to obtain necessary materials, goods, services, utilities or labor, or any other cause whether similar or dissimilar to the forgoing which is beyond the reasonable control of INTERACTIVE and any such failure or delay due to said causes or any of them. However, based on the inability of INTERACTIVE to perform its duties, a$ identified in this AGREEMENT, CITY shall not be obligated to pay for services not performed due to a force majeure and shall be refunded any payments for the time period for which INTERACTIVE does not perform its obligations as defined in this AGREEMENT. 11. ENTIRE AGREEMENT -- INCONSISTENT TERMS. This AGREEMENT includes the complete and exclusive statement of this AGREEMENT between the CITY and INTERACTIVE, and supersedes any and all other agreements, oral or written, between the parties. This AGREEMENT may not be modified except by written instrument signed by the CITY and by an authorized representative of INTERACTIVE. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate INTERACTIVE nor the CITY. 12. AGREEMENT RENEWALS. This AGREEMENT shall commence on the date first above written and continue for a term of one year thereafter, subject to extension as provided in this paragraph, unless sooner terminated pursuant to paragraph 13 herein below. This AGREEMENT may be extended by the mutual consent of CITY and INTERACTIVE for not more than two successive periods of one year each. If the CITY wishes to extend the AGREEMENT, CITY shall notify INTERACTIVE at least 30 days prior to end of the current AGREEMENT period. Any changes in pricing for the extension period will be mutually negotiated between INTERACTIVE and the CITY prior to AGREEMENT renewal. Page 5 of 9