Reso 2006-893 - Laserfiche WebLink

Home Browse Search

unexpectedly burdensome. All requests for extensions of time must be submitted in writing to the Contract Administrator by the ARTIST as soon as the delay or conditions become known and their impact is evaluated, and shall not be effective unless approved in writing by the Contract Administrator. 3.4 Either party is excused from performance and shall not be liable for any delay in delivery or for non-delivery, in whole or in part, caused by the occurrence of a force majeure event such as hunicane, fire, civil disobedience, riots, rebellions, explosion, flood, storm, Acts of God, and similar occunences. Failure to fulfill contractual obligations due to force majeures set forth in the preceding sentence will not be considered a breach of contract, provided that such obligations shall be suspended only for the duration of such condition. ARTICLE 4 COMPENSA TION 4.1 CITY agrees to pay ARTIST, in the manner specified in Section 4.4 and Exhibit B, "Compensation and Schedule of Payments", the total amount of One Hundred and Sixty Thousand Dollars ($160,000.00) for Work actually performed, completed and accepted pursuant to this Agreement, which amollnt shall be the sum total accepted by ARTIST as full compensation for the Project. No amount shall be paid to ARTIST for reimbursable expenses. 4.2 ARTIST may submit invoices for compensation no more often than on a monthly basis, but only after the 'Nork for which the invoices are submitted has been completed. An original invoice plus one copy is due within fifteen (15) days of the end of the month, except the final invoice which must be received no later than sixty (60) days after completion of all Work by ARTIST. Invoices shall designate the nature of the services performed and/or the expenses incuned. A written progress report shall accompany each invoice, describing the Work completed during that period. 4.3 CITY shall pay ARTIST for Work satisfactorily performed and accepted by the Contract Administrator, within thirty (30) calendar days of receipt of ARTIST'S proper statement. To be deemed proper, all invoices mllst comply with the requirements set fOlih in this Agreement and must be submitted on the form and pursuant to instructions prescribed by Contract Administrator. 4.4 Notwithstanding any provision of this Agreement to the contrary, CITY may, at the sole discretion of the Contract Administrator, withhold, in whole or in pari, a portion of any or all payment due under the Agreement, to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been accepted by Contract Administrator, and has not been remedied or resolved in a manner satisfactory to Contract Administrator. 4.5 Payment shall be made to ARTIST at the business address provided by the ARTIST. -01 n