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Reso 2013-2040
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Reso 2013-2040
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Last modified
5/22/2013 11:11:10 AM
Creation date
4/11/2013 10:43:30 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2013-2040
Date (mm/dd/yyyy)
04/09/2013
Description
Approve 3rd Amend/Design-Build Agmt w/ 4M Investors, LLC.
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17.3 Force Maieure. <br />Should any party fail to perform its obligations under this Agreement due to a <br />condition of force majeure, as that term is interpreted under Florida Law, and specifically including <br />but not limited to Acts of God (including hurricanes, tropical stoma and/or very strong storms <br />which are anticipated by the Parties and taken into consideration when the CONTRACTOR agreed <br />to the substantial completion date) fire, flood, earthquakes, then the time for performance of said <br />obligation hereunder will be extended by a period reasonable commensurate with the cause of such <br />failure to perform or cure. If the Contractor is delayed in performing any obligation under this <br />agreement due to a force majeure condition, the CONTRACTOR shall request a time extension <br />from the CITY within ten(10) working days of said force majeure occurrence. Any time extension <br />shall be subject to mutual agreement and shall not be cause for any claim by the CONTRACTOR <br />for extra compensation. Events of force majeure do not include acts or omissions of sub- <br />contractors. <br />ARTICLE 18 — MISCELLANEOUS <br />18.1 The duties and obligations imposed by the Contract Documents and the rights and <br />remedies available hereunder to the parties hereto, and, in particular but without limitation, the <br />warranties, guaranties and obligations imposed upon CONTRACTOR and all of the rights and <br />remedies available to CITY thereunder, are in addition to, and are not to be construed in any way as <br />a limitation of, any rights and remedies available to any or all of them which are otherwise imposed <br />or available to any or all of them which are otherwise imposed or available by laws or regulations, <br />by special warranty or guarantee or by other provisions of the Contract Documents, and the <br />provisions of this Paragraph will be as effective as if repeated specifically in the Contract <br />Documents, and the provisions of this Paragraph will survive final payment and termination or <br />completion of the Agreement. <br />18.2 CONTRACTOR shall not assign or transfer the Contract or its rights, title or <br />interests therein without CITY'S prior written approval. The obligations undertaken by <br />CONTRACTOR pursuant to the Contract shall not be delegated or assigned to any other person or <br />firm unless CITY shall first consent in writing to the assignment. Violation of the terms of this <br />Paragraph shall constitute a breach of Contract by CONTRACTOR and the CITY may, at its <br />discretion, cancel the Contract and all rights, title and interest of CONTRACTOR shall thereupon <br />cease and terminate. <br />18.3 CONTRACTOR and its employees, volunteers and agents shall be and remain an <br />independent contractors and not agents or employees of CITY with respect to all of the acts and <br />services performed by and under the terms of this Agreement. This Agreement shall not in any way <br />be construed to create a partnership, association or any other kind of joint undertaking or venture <br />between the parties hereto. <br />18.4 The remedies expressly provided in this Agreement to CITY shall not be deemed to <br />be exclusive but shall be cumulative and in addition to all other remedies in favor of CITY now or <br />hereafter existing at law or in equity. <br />(`I(� 36 <br />n <br />v <br />
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