|
SAMSON OCEAN FRONT PARK, ID#21988
<br /> commence within three hundred sixty-five (365) days from the execution
<br /> date. Work shall be considered to have commenced and be in active
<br /> progress when engineering drawings are submitted to the DEPARTMENT for
<br /> review and approval, and, upon the DEPARTMENT'S issuance of said
<br /> approval, a full complement of workmen and equipment is present at the site
<br /> to diligently incorporate materials and equipment into the construction of the
<br /> sewer facilities throughout the day on each full working day, weather
<br /> permitting.
<br /> b. Once the DEVELOPER commences work on the sewer facilities, said work
<br /> cannot be suspended, abandoned, or not in active progress for a period
<br /> exceeding three hundred sixty-five (365) days.
<br /> c. The remedies specified herein are cumulative with and supplemental to any
<br /> other rights which the COUNTY may have pursuant to the law or any other
<br /> provision of this agreement.
<br /> 20. INDEMNIFICATION CLAUSE. The DEVELOPER shall indemnify and hold
<br /> harmless the COUNTY and its officers, employees, agents and instrumentalities from any
<br /> and all liability, losses or damages, including attorney's fees and costs of defense, which
<br /> the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of
<br /> claims, demands, suits, causes of actions or proceedings of any kind or nature arising out
<br /> of, relating to or resulting from the performance of this Agreement by the DEVELOPER or
<br /> its employees, agents, servants, partners, principals, contractors and/or subcontractors.
<br /> The DEVELOPER shall pay all claims and losses in connection therewith and shall
<br /> investigate and defend all claims, suits or actions of any kind or nature in the name of the
<br /> COUNTY, where applicable, including appellate proceedings, and shall pay all costs,
<br /> judgments, and attorney's fees which may issue thereon. The DEVELOPER expressly
<br /> understands and agrees that any insurance protection required by this Agreement or
<br /> otherwise provided by the DEVELOPER shall in no way limit the responsibility to indemnify,
<br /> keep and save harmless and defend the COUNTY or its officers, employees, agents and
<br /> instrumentalities as herein provided. The provisions in this clause shall survive the
<br /> termination or expiration of this Agreement.
<br /> 21. FORCE MAJEURE. Should either party be prevented from performing any
<br /> obligations herein, including but not limited to sewer service, due to or resulting from a
<br /> force majeure or inevitable accident or occurrence, such party shall be excused from
<br /> performance. As used herein, force majeure shall mean an act of God which includes but
<br /> is not limited to sudden, unexpected or extraordinary forces of nature such as floods,
<br /> washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or
<br /> other forces of nature. Inevitable accidents or occurrences shall mean those which are
<br /> unpreventable by either party and shall include but not be limited to strikes, lockouts, other
<br /> Page 8 of 12
<br />
|