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11/7/1973
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11/7/1973
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Last modified
7/23/2015 11:26:53 AM
Creation date
6/10/2015 2:48:11 PM
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
11/07/1973
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0 <br />a <br />.a <br />1V0V 7.1973 <br />such event, the parties mutually agree to share the cost of such , <br />r <br />improvements based upon Paragraph 8B of Page 5 of the AGREEMENT. <br />12. SEVERABILITY <br />It is understood and agreed by and between the parties hereto <br />that if any condition or provision contained in the AGREEMENT is <br />held to be invalid -by any court of competent jurisdiction, such <br />invalidity shall not affect the validity of any other such condition <br />or provision herein contained; provided, however, that the invalidity <br />of any such condition or provision does not materially prejudice <br />either the City or the County in its respective rights and obli- <br />gations contained in the remaining valid conditions or provisions <br />of this AGREEMENT. <br />13., FORCE MAJEURE CLAUSE <br />No party to this Agreement shall be liable to the other for failure,. <br />default, or delay in performing any of its obligations hereunder, <br />other than for the payment of any obligations specified herein, in <br />case such failure, default or delay is caused by strikes or other <br />labor problems, by forces of nature, unavoidable accidents, fire, <br />acts of the public enemy, interference by civil authorities, passage <br />of laws, or of the Court, adoption of rules, ordinances, acts, failures <br />to act, decisions or orders or regulations of any governmental or <br />military body or agency, office or commission, delays in receipt of <br />materials, or any other cause, whether of similar or dissimilar nature, <br />a <br />not within the control of the party affected and which, by the <br />exercise of due diligence, such party is unable to prevent or over- <br />come. Should any of the foregoing occur, the parties hereto agree <br />to proceed with diligence to do what is reasonable and necessary <br />so that each party may perform its obligations under this Agreement. <br />IDEMNIFICATION <br />The parties reciprocally agree to indemnify each other and their <br />employees and agents from all loss, expenses, damages, costs and <br />attorney's -fees that either may suffer during the period of the <br />-7- <br />TOOK <br />
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