2003-206A - Laserfiche WebLink

Home Browse Search

36 . The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement . The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal , state and local health and safety rules and regulations . The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. 37 . If a force majeure occurs which causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this PROJECT Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally and shall , within seven (7) calendar days , notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the LOCAL SPONSOR ' s intended timetable for implementation of such measures . If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, time for performance under this PROJECT Agreement may be extended, at the discretion of the DEPARTMENT, for a period of time equal to the delay resulting from the force majeure . Such agreement shall be confirmed by letter from the DEPARTMENT accepting , or if necessary, modifying the extension . A force majeure shall be an act of God, strike, lockout , or other industrial disturbance , act of the public enemy, war, blockade , public riot, lightning , fire, flood, explosion, failure to receive timely necessary governmental or third party approvals , governmental restraint, and any other cause , whether of the kind specifically enumerated herein or otherwise , which is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this PROJECT Agreement . Failure to perform by the LOCAL SPONSOR' s consultant(s ) or subcontractor( s ) shall not constitute a force majeure event . 38 . This Agreement represents the entire agreement of the parties . Any alterations , variations , changes , modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto , and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No . 031RI , Page 7 of 8