Res 2014-005/Approving a telephone hardware and software master purchase and maintenance agreement w/Norstan Communications dba Black Box Network services

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9.14 In the event that the performance by either the City or the Vendor of any of its obligations under this Agreement is interrupted or delayed by events outside of their control such as acts of God, war, riot or civil commotion, environmental conditions at the City's premises, third party telephone providers or other contractors, labor disputes perils, other hazards or manufacturer's discontinuation of Products and /or Services then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of such events. 9.15 The City will have the right to declare the Vendor in breach of this Agreement for cause when the City determines that this Agreement has not been performed in accordance with its written terms and conditions. In the event of a default or breach of this Agreement by the Vendor, the City reserves the right to choose among the remedies for the default or breach available to the City. These remedies may be used in conjunction with one another or separately, and together with any other statutory or common law remedies available to the City. Any failure by the City to enforce this Agreement with respect to one or more defaults by the Vendor will not waive the City's ability to enforce the Agreement after that time. 9.16 If applicable, the Vendor will pay all license fees, royalties and other costs incident to the use of any invention, design, process, product or device subject to a patent right or copyright held by others in performing the work or in the completed Project. 9.17 It is the City's intent to be proactive with regard to the environment. The City encourages value purchasing of environmentally friendly products. The Vendor is encouraged to utilize green solutions in performing any services under the Agreement, as appropriate. 9.18 The Vendor will complete the work in accordance with the schedule negotiated with the City and the Vendor has taken into consideration and made allowance for all hindrances and delays incident to such work, whether growing out of delays in securing material, workers, weather or otherwise. No charge will be made by the Vendor for any hindrance or delay from any cause whatever during the progress of any portion of its work contemplated by the specifications, but the City may grant an extension of time for the completion of the work, provided it has satisfied that such delays or hindrances were due to extraordinary causes or to the acts of omission or commission by the City. It is agreed that the granting of such extensions of time will in no instance exceed the time actually lost by Vendor for reason of such causes, provided that the Vendor will give the City immediate notice in writing of the cause of the detention or delay. Any such extension of time will be provided utilizing the City's Authorization of Change in Services form included as Attachment B. ARTICLE 10 SUCCESSORS AND ASSIGNS 10.1 The City and the Vendor, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The City and the Vendor will not assign, sublet or transfer any interest in this Agreement without the prior written consent of the other and in event of any such assignment Black Box Telephone Hardware and Software Master Maintenance and Purchase Agreement 201 19