|
Equipment Rental Fees allocated separately.
<br /> Section 10. Amendments. This Agreement may not be amended or modified except in
<br /> writing and executed by both the City and the County. Neither party may assign this Agreement
<br /> without the written consent of the other party. However, the Officer may assign deputies to
<br /> perform any of the contracted services and may contract with third persons for election services
<br /> and supplies.
<br /> Section 11. Effective Date. This Agreement contains the entire agreement between the
<br /> parties and supersedes all prior understandings and agreements between the parties regarding such
<br /> matters. The term of this Agreement will commence on August 1,2023 and end on July 31,2024.
<br /> Section 12. Force Majeure. Either of the parties to this Agreement shall be excused from
<br /> any delays and/or failures in the performance of the terms and conditions of this Contract,to the
<br /> extent that such delays and/or failures result from causes beyond the delaying/failing party's
<br /> reasonable control, including but not limited to war(whether declared or not), armed conflict or
<br /> the serious threat of the same( including but not limited to hostile attack,blockade, military
<br /> embargo),hostilities,invasion,act of a foreign enemy,extensive military mobilization, civil war,
<br /> riot,rebellion,revolution,military or usurped power, insurrection,civil commotion or disorder,
<br /> mob violence, act of civil disobedience, act of terrorism, sabotage or piracy;plague, epidermic,
<br /> pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine,
<br /> social distancing, isolation or other behavioral restrictions; act of authority whether lawful or
<br /> unlawful, compliance with any law or governmental order,rule, regulation or direction, curfew
<br /> restriction, expropriation,compulsory acquisition, seizure of works,requisition, nationalization; act
<br /> of God or natural disaster such as but not limited to violent storm,cyclone,typhoon,hurricane,
<br /> tornado,earthquake, landslide,flood, damage or destruction by lightning, drought; explosion,fire,
<br /> destruction of machines, equipment and of any kind of installation,prolonged breakdown of
<br /> transport,telecommunication or electric current; shortage or inability to obtain critical material or
<br /> supplies to the extent not subject to the reasonable control of the subject party("force majeure event
<br /> ")whether foreseeable or unforeseeable by the parties at the time of the execution of this
<br /> Agreement. Any delaying/failing party shall, with all reasonable diligence, attempt to remedy
<br /> the cause of delay and/or failure and shall recommence all remaining duties under this
<br /> Agreement within a reasonable time of such remedy, or, when applicable, on the next available
<br /> dates under the Texas Election Code.
<br /> Section 13. Should any provision in this Agreement be found or deemed to be invalid,
<br /> this Agreement will be construed as not containing the provision and all other provisions which
<br /> are otherwise lawful will remain in full force and effect, and to this end the provisions of this
<br /> Agreement are declared to be severable. In case any one or more of the provisions contained in
<br /> this Agreement are for any reason held to be invalid, illegal or unenforceable in any respect,
<br /> such invalidity, illegality, or unenforceability will not affect any other provision thereof, and this
<br /> Agreement will be construed as if such invalid, illegal, or unenforceable provision had never
<br /> been contained herein.
<br /> Section 14. Any notice provided for under this Agreement will be forwarded to the
<br /> following addresses:
<br />
|