|
E. Amendment/Modification. Except as otherwise provided, this Contract may not
<br />be amended, modified, or changed in any respect except in writing, duly executed
<br />by the parties hereto. Both the Contracting Officer and the City of San Marcos may
<br />propose necessary amendments or modifications to this Contract in writing in order
<br />to conduct the Election smoothly and efficiently, except that any such proposals
<br />must be approved by the Contracting Officer and the governing body of the City of
<br />San Marcos or its authorized agent, respectively.
<br />F. Severability. If any provision of the Contract is found to be invalid, illegal, or
<br />unenforceable by a court of competent jurisdiction, such invalidity, illegality, or
<br />unenforceability shall not affect the remaining provisions of this Contract and
<br />parties to this Contract shall perform their obligations under this Contract in
<br />accordance with the intent of the parties to this Contract as expressed in the terms
<br />and provisions.
<br />G. Force Majeure. Either of the parties to this Agreement shall be excused from any
<br />delays and/or failures in the performance of the terms and conditions of this
<br />Contract, to the extent that such delays and/or failures result from causes beyond
<br />the delaying/failing's reasonable control, including but not limited to war ( whether
<br />declared or not ), armed conflict or the serious threat of the same ( including but not
<br />limited to hostile attack, blockade, military embargo), hostilities, invasion, act of a
<br />foreign enemy, extensive military mobilization, civil war, riot, rebellion, revolution,
<br />military or usurped power, insurrection, civil commotion or disorder, mob violence,
<br />act of civil disobedience, act of terrorism, sabotage or piracy; plague, epidemic,
<br />pandemic, outbreaks of infectious disease or any other public health crisis, including
<br />quarantine, social distancing, isolation or other behavioral restrictions; act of authority
<br />whether lawful or unlawful, compliance with any law or governmental order, rule,
<br />regulation or direction, curfew restriction, expropriation, compulsory acquisition,
<br />seizure of works, requisition, nationalization; act of God or natural disaster such as
<br />but not limited to violent storm, cyclone, typhoon, hurricane, tornado, earthquake,
<br />landslide, flood, damage or destruction by lightning, drought; explosion, fire,
<br />destruction of machines, equipment and of any kind of installation, prolonged
<br />breakdown of transport, telecommunication or electric current; shortage or inability
<br />to obtain critical material or supplies to the extent not subject to the reasonable control
<br />of the subject ("force majeure event ") whether foreseeable or unforeseeable by the
<br />parties at the time of the execution of this Agreement. Any delaying/failing shall,
<br />with all reasonable diligence, attempt to remedy the cause of delay and/or failure
<br />and shall recommence all remaining duties under this Agreement within a
<br />reasonable time of such remedy, or, when applicable, on the next available dates
<br />under the Texas Election Code.
<br />10
<br />
|