Res 2010-076 - Laserfiche WebLink

Home Browse Search

DIR Contract No. DIR -SIM- 098 -COSM 5.04. FORCE MAJEURE. Except as otherwise provided, neither DIR nor Customer is liable to the other for any delay in, or failure of performance, of a requirement contained in this Contract caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed, provided the non- performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, strike, tires, explosions, or other causes that are beyond the control of either party and that by exercise or due foresight, such party could not reasonably have been expected to avoid, and which, by the exercise ofall reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing with proof of receipt within three ( 1) business days of the existence Of such force majeure. 5.05. INCORPORATION BY REFERENCE. Incorporated by reference the same, as if specifically written herein, are the rules, regulations, and all other requirements imposed by law, including but not limited to compliance with those applicable rules and regulations of the State of Texas and the federal government, all of which shall apply to the performance of the services under this Contract. 5.06. SEVERANCE. Should any one or more provisions of this Contract be deemed invalid, illegal, or unenforceable for any reason, such invalidity, illegality or Linen forceabiIity shall not affect any other provision held to be void, voidable, or for any reason whatsoever of no force and effect, such provision(s) shall be construed as severable from the remainder of this Contract and shall not affect the validity of all other provisions of this Contract, which shall remain of full force and effect. 5.07. HEADINGS. The heading contained in this Contract are for reference purposes only and shall not in any way affect the meaning or interpretation of this Contract. 5.08. NOTICES. Any notice required or permitted to be delivered under this Contract shall be deemed delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to DIR or Customer, at the addresses set forth in Section I, above. Notice given in any other manner shall be deemed effective only if and when received by the party to be notified. Either party may change its address for notice by written notice to the other party as herein provided. 5.09. ENTIRE AGREEMENT. This Contract constitutes the entire agreement of the parties. No other agreement, statement, or promise that is not contained in this Contract shall be binding except by subsequent written amendment to this Contract signed by both parties. SECTION VI. CERTIFICATIONS The parties to this Contract hereby certify, by signing in the spaces provided below that this Contract is authorized by the governing body of each party and that this Contract neither requires nor permits either entity to exceed its respective duties and responsibilities or the limitations of its appropriated funds. This Contract shall not become valid until signed by duly authorized representatives of both parties and may not be amended except in writing and duly signed by both parties. Page 3 of 4