Reso 2021-3228 - Laserfiche WebLink

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ii. Nolwilhstwiding the foregoing, the Contractor shall not be rekve► d of liabilitj, to the Gitv for daulages sustained by it by virtue of a breach of the Agreement by Cul -AT- t:tor and the Ci( ,v niati reasonably withWd payincat to Contractor for the parpt}ses of ,tet -aft` until sue[i time as the exact amount of domages due the Cit}� from the Contractor is determIlhed. Under no cir�cumstmices shall the Contractor be entitled to incidenta[, punitive. indirect or cons quenitnl tlaimnve$, irirltriiing but not limited Io -lost rcvenuc-or lc;si profts, a3 a result ,f { rminatian of its Service3 under this Agreement. n- t'crrninal ion For Qgri%-enFenc q of Citj'. The City that', far itsrorivrnicnre iirid w-Iihow cause tet7nlnate the Services then remaining to be performed Eat any time bj' Cpi ting Contractor ten (Io) days'tITiaeri notice. The terms of Paragraph A(i) and A(ii) above shall be. applicable !l'c�re�.tnder, C. Terininat[on for Insolvenov. The Cj< y also reserves the righi to terrlttnmc the rcmalrtlna Services to be performed in the evens the Contractor is placed either in voluntary Ur involuntary baAniptq, or makes atty Imsignment for the benefit of creditors, E, Tenninwion by Contractor. In the eireni the CDritraetur abandons this A8reerrlent or Causes It >!o be tcrminr td, then Contractor shall indeninify the Ctiy age 1nst any loss pertaining io this termination up to a Ittaxiltltini of the fol[ comracied fee amount. 10'.. FORCE MAJEURE. City and Contractor will be excused from the performance of lheir respective obligaiion5 under this agreeint W when and to the i�\tent this their perf-ormance is delaycd or by anv Circumstances heyond their rcasotrablc conic -o[ including, Firc, flood, explosion, hurrle$nC, strikes or other labor disputes, act of God or pul;lie enterecncv, +oar, riot, civil cominotion`malicious damage. act or ornission of 8115r governmental authority, delay or failurr or shorta-e of tiny type of transportation, equip,nent, or servicc frons a public utility needed for their performance, provided that; (a) the non-performing party gi%yes the otacr party prompt ~written notice describing the particulars of the Forec Majeure inOW-Prig, but not Ilrailed to, ;he nature of the occurrence and its expected duration and continues io furnish tirnehr rUparts thereto during the period of the rome Majeure; . (h) the excise orperformance is of no grearer scope and afro longer duration Lhan is regeaid+ed by Force Majeum. (c) no oblivalions of either party that arose before the Force MajeLre causing the rscuse of l:erformanoe are expected as a mwit of 11re Force Niajeure; and {d} the non•perforniance perry usts its bcsl efforts to remedy its inability to perform. I t. BA CKi,'ROUND CHECKS. A crim-Ittal back -ground check will he required for arty° employee of the Contractor performing Ser`Jiccs under this Agreement. The Conlrae[or shall he mquircd to perfon-n the criminal background cbet;k m ihcir own sole cost Lind expesisc through the City. The Contractor Shall ensure ihat only their prop rly designated employt=es Iisted -with the City 17anagcr be penrutted to perkrrn Sem,ices, In the event flit designated ernplo}'ccs are reniovcd by the Contractor, the CorItracior shall immediately ninifY Elle City Manager or his designee. Addivtinaliy_ identification cards will be provided by the Co'Y at the Cont rac[or's sole Cost and expense. Contractor shall imsUre That al[ 6c5i-emited tmployees wear the City's provided identifacalion cards NO-iilc perforining Senders, C471$ -1116-t 18 -ACTON LABOR MA;SMB,.IENT 1.1.0 1)BA STAFtiNIG CONNECTION Pose- 7 ur to