Laserfiche WebLink
<br />The City of San Marcos Facilities Service Contract <br /> <br />fires, tornadoes, hurricanes, floods, torrential rainstorms (but only to the extent the <br />capacity of the Facilities is exceeded), epidemics, and other acts of God; <br />(h) explosion, sabotage or similar occurrence, acts of a declared public <br />enemy, extortion, war, blockade or insurrection, riot or civil disturbance; <br />(i) labor disputes, except labor disputes involving employees of the <br />Company, its affiliates, or subcontractors which affect the performance of the Contract <br />Services; <br />(j) the failure of any subcontractor (other than the Company, or any affiliate <br />thereof) to fumish services, materials, chemicals or equipment on the dates agreed to, <br />but only if such failure is the result of an event which would constitute an <br />Uncontrollable Circumstance if it affected the Company directly, and the Company is <br />not able after exercising all reasonable efforts to timely obtain substitutes; <br />(k) the failure of any appropriate Governmental Body or private utility <br />having operational jurisdiction in the area in which the Facilities is located to provide <br />and maintain Utilities to the Facilities which are required for the performance of the <br />Contract Services; <br />(1) any failure of title to the Facilities or any placement or enforcement of <br />any encumbrance on the Facilities not consented to in writing by, or arising out of any <br />action or agreement entered into by, the party adversely affected thereby; <br />(m) the preemption, confiscation, diversion or destruction of materials or <br />services by a Govemmental Body in connection with a public emergency or any <br />condemnation or other taking by eminent domain of any material portion of the <br />Facilities; <br />(n) with respect to the Company, any City Breach and City-requested <br />Change Orders not due to Company Breach; or <br />(0) with respect to the City, any Company Breach <br />(p) infrastructure or equipment failure, provided that such infrastructure or <br />equipment failure is not due to the negligence of Company. <br />Exclusions. It is specifically understood that none of the following acts, events <br />or circumstances shall constitute Uncontrollable Circumstances: <br />(a) any act, event or circumstance that would not have occurred if the <br />affected party had complied with its obligations hereunder; <br />(b) changes in interest rates, inflation rates, wage rates, insurance costs, <br />commodity prices, currency values, exchange rates or other general economic <br />conditions; <br /> <br />16 <br />