Reso 2017-2724 - Laserfiche WebLink

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• misconduct. of the Participating State, its •Departments and their respective • employees, officers, agents and contractors. h) Section 20 — Limitation of Liability: The following sentence is added to the end of the second paragraph: This right to set off is limited to any undisputed amount owed to The Goodyear Tire & Rubber Company by the Customer. i) Section 22-Termination for Convenience: Delete the provision in its entirety and replace with the following: Either party, by 30 days written notice to the other party, may terminate the Contract in whole or in part when it determines in its sole discretion that it is in the party's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination from the Customer, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover lost profits. j) Section 23 - Termination for Cause: Delete this section in its entirety and replace with the following: The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. k) Section 24-Force Majeure, Notice of Delay, and No Damages for Delay: Delete this section in its entirety as this is addressed in the Contract as modified by Attachment D to WSCA Contract#MA208. I) Section 26-Renewal: Delete this section in its entirety and replace with the following: 3