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14. Force Majeure. <br />a. "Force Majeure" means any cause beyond the reasonable control of a party, <br />including but not limited to act of God, civil or military disruption, fire, strike, flood, riot, war, or inability <br />due to the aforementioned causes to obtain necessary labor, materials, or facilities. <br />b. If any Party hereto is delayed or prevented from fulfilling its obligations under this <br />Agreement by Force Maj cure, said Party will not be liable under this Agreement for such delay or failure, <br />nor for damages or injuries resulting directly from the inability to perform scheduled work due to Force <br />Majeure. <br />C. Consultant shall be granted an automatic extension of time cominensurate with any <br />delay in performing scheduled work arising from Force Maj cure. Consultant agrees to resume such work <br />within three (3) days after the Force Majeure has subsided enough to do so. <br />15. Assignment. Neither Party shall assign or transfer its interest in this Agreement or any part <br />thereof without the written consent of the other Party. <br />16. Exclusivity and Amendment. <br />This Agreement represents the complete and exclusive statement between the City and <br />Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the <br />event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this <br />Agreement shall prevail. This Agreement may not be modified except by written instrument signed by <br />the City and by an authorized representative of Consultant. The parties agree that any terms or <br />conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the <br />terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this <br />Agreement acknowledges that no representations, inducements, promises or agreements, orally or <br />otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied <br />herein. <br />17. Waiver of Breach. <br />No waiver of breach, failure of any condition, or any right or remedy contained in or granted by <br />the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving <br />the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed <br />a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver <br />constitute a continuing waiver unless the writing so specifies. <br />18. Notice. Whenever it shall be necessary for either Party to serve notice on the other <br />respecting this Agreement, such notice shall be served by personal delivery or by certified mail addressed <br />at the following address, unless and until different addresses may be furnished in writing by either Party <br />to the other and such notice shall be deemed to have been served within seventy-two (72) hours after the <br />same has been deposited in a United States Post Office by certified mail or has been delivered personally, <br />and shall be valid and sufficient service of notice for all purposes; <br />Page 6 of 9 <br />