Reso 2011-1758 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax within one (1) year, unless a longer period is specified in the solicitation, from completion of the Services, the Contractor shall, at the City's option, either re-perform such portions of the Services to correct such fault, defect or error, at no additional cost to the City, or refund to the City, the charge paid by the City, which is attributable to such portions of the faulty, defective or erroneous Services, including the costs for re-performance of the work provided by other Contractors. 32. FORCE MAJEURE/INTERRUPTION. Neither party shall be liable for any failure to perform any of its obligations under this Agreement (except payment obligations) due to unforeseen circumstances or causes beyond the party's reasonable control, including without limitation, acts of God, riot, embargoes, acts of governmental authorities, fire, earthquake, flood, accident, strikes, or inability to secure transmission facilities ("Force Majeure"). 33. ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understanding relating hereto. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. 34. AMENDMENT. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. 35. CONFLICTING PROVISIONS. The terms and conditions of this Agreement shall prevail over any contrary or inconsistent terms in any other document, including but not limited to Attachment "A" which is attached hereto. 36. CONTINGENT ON APPROPRIATION OF FUNDS: The expenditure or advance of any money or the performance of any obligation of the City under this Agreement shall be contingent upon an appropriation for its specific purpose by the City Commission. In recognizing that the City can only receive budget approval for one (1) fiscal year at a time, non- appropriation shall be a legitimate reason to release the City from its performance/payments obligations upon thirty (30) days' written notice to Consultant. 37. MISCELLANEOUS. A. In the event any proVISIOn of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. CIOII-067 THE BG GROUP, LLC. AGREEMENT Page 12 of 13 SIb