Reso 2024-3608 - Laserfiche WebLink

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G. Provided the CITY terminates this Agreement early, for any reason, the CITY shall reimburse BREEZELINE for its cost and expense relative to its performance herein. Provided BREEZELIKE has completed partial Conversion of the Underground Facilities, BREEZELINE shall maintain title and ownership of such partially converted Underground Facilities in accordance with this Agreement. H. Any information provided by BREEZELINE, its agents or employees, that the project will be complete by a certain date or within a certain time period is an estimate and not binding on BREEZELINE, its agents and employees. Estimated completion dates, special construction work, and all other obligations of BREEZELINE under this Agreement are subject to circumstances outside the reasonable control of BREEZELINE, including, but not limited to: acts of God, flood, extreme weather, fire explosion, natural calamity, terrorism, any moratorium, law, order, regulation, action or inaction of any governmental entity or civil or military authority, power of utility failures, fiber or cable cuts caused by third parties, unavailability of right-of-way, national emergencies, insurrection, riots, wars, strikes, lock -outs, work stoppages or other labor difficulties, pole hits or material shortages. 1. In the event of termination of this Agreement for any reason in advance of completion of the Conversion of the Overhead Facilities, the CITY shall have no claim or remedy against BREEZELINE for any alleged delay in the Conversion of the Overhead Facilities. J. If the CITY initiates changes in the scope of the Conversion of the Overhead Facilities to the Underground Facilities in the CITY ROW after the date of this Agreement or there exists a condition in the field or other relevant circumstances that were presumed in preparing the conversion hereunder, BREEZELINE may require the CITY to reimburse BREEZELINE for any such additional work. 15. Notice. Any notice, instruction, or other communication to be given to either party hereunder shall be in writing and shall be hand delivered, telecopied, sent by Federal Express or a comparable overnight service or by U. S. registered or certified mail, with return receipt requested and postage prepaid to each party at their respective addresses set forth below: As to CITY: Cityof Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 ATTN: City Manager As to BREEZELINE: 3 Batterymarch Park, Ste 200 Quincy MA 02169 ATTN: General Manager [SIGNATURE PAGE TO FOLLOW] Page 5 of 8