|
16, Prohibition of Contingency Fee Arrangements. The City warrants that it has not
<br /> employed or retained any company or person, other than a bona fide employee working solely
<br /> for the City, to solicit or secure this Agreement and that it has not paid or agreed to pay any
<br /> company or person, other than a bona fide employee working solely for the City, any fee,
<br /> commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or 1
<br /> resulting from the award or making of this Agreement. For breach or violation of this warranty,
<br /> the County shall have the right to terminate this Agreement without liability or, in its discretion, k.
<br /> to deduct from the Agreement price or consideration, or otherwise recover, the full amount of
<br /> such fee,commission,percentage,brokerage fee,gift or contingent fee.
<br /> 17. Force Majeure. If either party is unable to perform any of its obligations under this
<br /> Agreement as a direct result of an unforeseeable event beyond that party's reasonable control,
<br /> including but not limited to an act of war, act of nature (including but not limited to earthquake
<br /> and flood), embargo,riot, sabotage, labor shortage or dispute (despite due diligence in obtaining
<br /> the same), or governmental restriction imposed subsequent to execution of the Agreement
<br /> (collectively, a "force majeure event"), the time for performance shall be extended by the
<br /> number of days directly attributable to the force majeure event. Both parties agree to use their
<br /> best efforts to minimize the effects of such failures or delays.
<br /> 18. Suspension of Work. The County may, at any time, instruct the City in writing to
<br /> stop work effective immediately, or as directed, pending either further instructions from the
<br /> County to resume the work or a notice from the County of breach or termination under Section
<br /> 19 of this Agreement.
<br /> 19. Non-Waiver of Breach; Termination.
<br /> a. The failure of the County to insist upon strict performance of any of the
<br /> covenants or agreements contained in this Agreement, or to exercise any option conferred by this
<br /> Agreement, in one or more instances shall not be construed to be a waiver or relinquishment of
<br /> those covenants,agreements or options, and the same shall be and remain in full force and effect.
<br /> b. If the City breaches any of its obligations hereunder, and fails to cure the same
<br /> within five(5) business days of written notice to do so by the County, the County may terminate
<br /> this Agreement, in which case the County shall pay the City only for the services and
<br /> corresponding reimbursable expenses, if any, accepted by the County in accordance with
<br /> Sections 3 and 8 hereof.
<br /> c. The County may terminate this Agreement upon five(5)business days' written
<br /> notice to the City for any reason other than stated in subparagraph b above, in which case
<br /> payment shall be made in accordance with Sections 3 and 8 hereof for the services and
<br /> corresponding reimbursable expenses, if any, reasonably and directly incurred by the City in
<br /> performing this Agreement prior to receipt of the termination notice.
<br /> d. Termination by the County hereunder shall not affect the rights of the County
<br /> as against the City provided under any other section or paragraph herein. The County does not,
<br /> by exercising its rights under this Section 19, waive, release or forego any legal remedy for any
<br /> CARES ACT FUNDING AGREEMENT
<br /> WITH CITY OF EVERETT
<br /> (July 2013 edition) Page 5 of 13
<br /> 5
<br />
|