Reso 2022-3424 - Laserfiche WebLink

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expense, subject to the limitation of the Consultant liability prescribed in this Agreement, either procure for the City the right to continue using said Construction Documents or replace same with non -infringing Constnie#ion Documents. SECTION 31 FORCE MAJFURE 31.1 Neither party shall be considered in default in the performance orits obligations hereunder to the extent that the, performance of any such obligation is relayed, hindered or prevented by any cause which is beyond the reasonable control of the party affected thereby (hereinafter called "Force rbTajeure"). Force Majeure includes but is not limited to any of the toilowing irreasonably beyond the control of the party claiming Force Majoure; war (declared or undeOared), fire, riot, storm, hurricane, floods, earth quake, tornado, act of terrorism or sabotage or any lav, proclamation order, regulation, or ordinance or any government agency or any court, or any other cause similar to those enumerated ;'above, which is not reasonably within the control of the party claiming Force Majeure, 31.2 The party affected by any Force Majeure shall give prompt written notice to the other party advising or the nature and extent of any Force Majeure and advising of the effects of the Force Majeure upon the completion and cost of the work hereunder. The parties shall consult promptly with each other concerning the Force Majeure and shall endeavorto agree upon mutually acceptable corrective action. In the event of a Force Majeure which prohibits performance by the Consultant for more than sixty (60) days, either party may terminate this Agreement for convenience as providers for in Section 5.1. SECTION 32 SUSPENSION 32.1 The City inay, at its sole option, decide to suspend at any tette the performance of all or any portion of work to be performed tinder this Agreement. The Consultant will be notified of such decision by the City in writing. The order shall be specifically identified as a stop work order under this Section. Upon receipt of the order, the Consultant shall immediately comply with its terms and take all reasonable steps to minimize the incurrence or costs allocable to the work covcrcd by the order during the period of suspension. 32.2 Upon receipt of any such notice, the Consultant shall, unless the notice requires othelwisc, do the following: A, Immediately discontinue work on the date and to the extent speci lied in the notice; B. Place no further orders, contracts or subcontracts lbr material, services, or facilities with respect to suspended work other than to the extent required in the notice; C. Promptly make every reasonable effort to obtain suspension upon terms satisfactory to (lie City, of all orders, subcontracts, and rental agreements to the extent they relate to performance of work suspended; and D. Continue to protect and maintain the services including (hose portions on which scrvicos have been suspended. AuthOzed 04 Representative's Initiafs& Authorized Consullant Reprasantative'e Initlals:B