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MUNICIPAL WATER DISTRICT OF ORANGE COUNTY (3) - 2004
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MUNICIPAL WATER DISTRICT OF ORANGE COUNTY (3) - 2004
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Last modified
1/3/2012 2:39:53 PM
Creation date
3/30/2004 12:43:05 PM
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Contracts
Company Name
Municipal Water District of Orange County
Contract #
A-2004-030
Agency
Public Works
Council Approval Date
3/15/2004
Insurance Exp Date
10/1/2008
Notes
Amends A-2002-123
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<br />. <br /> <br />. <br /> <br />. . <br /> <br />subcontracting shalI relieve the Parties from the performance of obligations hereunder. <br /> <br />7.14. Authority to Execute. Each of the persons executing this Contract on <br />behalf of the respective Parties warrants and represents that he or she has the authority to execute <br />this Agreement on behalf of that party and warrants and represents that he or she has the <br />authority to bind that respective party to the performance of its obligations hereunder. <br /> <br />7.15. Enforced Delay; Extension of Time of Performance. In addition to <br />specific provisions of this Contract, performance by any party hereunder shall not be deemed to <br />be in default where delays or defaults are due to acts of God, or the elements, accident, casualty, <br />labor disturbances, unavailability or delays in delivery of any product, labor, fuel, service or <br />materials, failure or breakdown of equipment, strikes, lockouts, or other labor disturbances, acts <br />of the public enemy, orders or inaction of any kind from the government of the United States, the <br />State of California, or any other governmental, military or civil authority (other than <br />Metropolitan, Member Agency or Program Agency), war, insurrections, riots, epidemics, <br />landslides, lightning, droughts, floods, fires, earthquakes, arrests, civil disturbances, explosions, <br />freight embargoes, lack of transportation, breakage or accidents to vehicles, or any other inability <br />of any Party, whether similar or dissimilar to those enumerated or otherwise, which are not <br />within the control of the Party claiming such inability or disability, which such Party could not <br />have avoided by exercising due diligence and care and with respect to which such Party shall use <br />alI reasonable efforts that are practicalIy available to it in order to correct such condition (such <br />conditions being herein referred to as "Force Majeure Events"). An extension of time for any <br />such cause shalI be for the period of the enforced delay and shall commence to run from the time <br />the party claiming such extension gives notice to the other party, provided notice by the party <br />claiming such extension is sent to the other party within thirty (30) days of knowledge of the <br />commencement ofthe cause. Times of performance under this Contract may also be extended in <br />writing by the Operating Party, the Program Agency and the Member Agency. <br /> <br />[SIGNATURE PAGE FOLLOWS:] <br />
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