Res 2012-033 - Laserfiche WebLink

Home Browse Search

funds for Grant Payments under this Agreement for reasons other than the Owner's non- compliance with this Agreement during any fiscal year of the City during the Term, the Owner, at its option, may terminate this Agreement by providing written notice thereof to the City. If the Owner elects to terminate the Agreement under this Section, the Owner and the City shall each be released of all further obligations under this Agreement, except that the City shall pay to the Owner any outstanding and unpaid Grant Payments properly due to the Owner prior to the date of termination for which the City has budgeted and appropriated funds during any previous fiscal year. Section 7.05. Offset. The City may deduct from any Grant Payments, as an offset, any delinquent and unpaid fees, sums of money or ad valorem, sales or other taxes assessed and owed by the Owner to or for the benefit of the City. Section 7.06. Force Majeure. Force majeure means an event beyond the reasonable control of a party obligated to perform an act or take some action under this Agreement including, but not limited to, acts of God, earthquake, fire, explosion, war, civil insurrection, acts of the public enemy, act of civil or military authority, sabotage, terrorism, floods, lightning, hurricanes, tornadoes, severe snow storms or utility disruption, strikes, lockouts, major equipment failure or the failure of any major supplier to perform its obligations. ARTICLE VIII MISCELLANEOUS Section 8.01. Entire Agreement. This Agreement, including any exhibits hereto, contains the entire agreement between the parties with respect to the transactions contemplated herein. Section 8.02. Further Actions. The City and the Owner will do all things reasonably necessary or appropriate to carry out the objectives, terms and provisions of this Agreement and