2009-072 - Laserfiche WebLink

Home Browse Search

(e) Any insurance required of MiLB under this Agreement may be furnished by the County under a blanket policy so long as and provided such policy: (1) complies with all other terms and conditions contained in this Agreement; and (2) contains an endorsement that identifies with specificity the particular address of the Facility as being covered under the blanket policy. ARTICLE XV FORCE MAJEURE Section 15.01. Force Majeure Event. Should any fire or other casualty, act of God, earthquake, flood, hurricane, lightning, tomado, epidemic, landslide, war, riot, civil commotion, general unavailability of materials, strike, slowdown, labor dispute, governmental laws or regulations, or other occurrence beyond MiLB's or County's control ("Force Majeure Event") prevent performance of this Agreement in accordance with its provisions, performance of this Agreement by either party shall be suspended or excused to the extent commensurate with such occurrence, except as specifically provided herein. Section 15.02. Partial Destruction. In the event of a partial destruction of the Facility, if MiLB determines, at their sole discretion, that the undamaged portion of the Facility is still suitable for the purposes and operations described in Section 5.01 hereof, then this Agreement shall continue in full force and effect with no adjustments in the obligations of the parties, and MiLB shall restore the Facility as soon as possible from the insurance proceeds or MiLB's own funds. Section 15.03. Facility Not Suitable for Use. In the event of total or partial destruction or damage of the Facility, if MiLB determines at its sole discretion that the Facility is not suitable for their operations and/or cannot be used as a venue for the purposes described in Section 5.01 hereof, then upon written notice to the County this Agreement shall be suspended immediately until the Facility is repaired. Within twelve (12) months of the event of such total or partial destruction or damage, MiLB, with assistance of the County, but not at County expense, shall begin to repair or rebuild the Facility using the proceeds from the property insurance for that purpose and shall diligently pursue such repair or rebuilding until completed. Once MiLB contracts with an Architect or an Engineer or Design Build firm to draw plans for the repair or rebuilding of the Facility, MiLB shall be deemed to have begun the repair or rebuilding of the Facility. This Agreement shall continue to be suspended until the Facility is reasonably suitable for MiLB's operations or as a venue for the purposes described in Section 5.01. Page 25 of 29