RES 87468 - Laserfiche WebLink

page 3 Fire Contract 9. FORCE MAJEURE AlLy delays in or failure of performance by either party unde~ this Contract shall be considered a breach if and to the extent caused by occurrences beyond the reasonable control of the party affected. 10. GENERAL A. Termination of this Contract of expiration of the terms hereof shall not affect any liability of the parties existing as of the date of such termination nor shall Contractor be relieved of any of the obligations imposed upon it by the provisions of paragraphs 5, 6A, 6B and 7 hereof. B. This Contract is not assignable in whole or in part nor performance be delegated by either party without the prior written consent of the other party. C. This Contract may be terminated by either party in the event of a material breach by the other party upon the giving of 30 days' written notice setting forth the particulars of such breach. However, if such breach shall be cured or action to cure such breach shall be promptly initiated and diligently pursued within the 30 day period, then in that event the notice shall be deemed withdrawn and of no further effect. D. Either party's waiver of any breach, or failure to enforce any of the terms and conditions of this Contract, at any time, shall not in any way effect, limit or waive either party's right thereafter to enforce and compel strict compliance with every term and condition hereof. E. This Contract together with the Request for Proposal which is incorporated in this Contract constitutes the entire agreement between the parties and there are no understandings, representations or warranties of any kind, express or implied, not expressly set forth herein. No modifications of this contract shall be of any force or effect unless such modification is in writing and signed by the party to be bound thereby. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their duly authorized representatives as of the day and year first above written. City of Pleasanton By Title Date