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2016/06/01 Council Agenda Packet
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2016/06/01 Council Agenda Packet
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Council Agenda Packet
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6/1/2016
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1 <br /> Gratuities section 41. <br /> F. Notice: Everett is not required to provide advance notice of termination. <br /> Notwithstanding, Everett may issue a termination notice with an effective date later than <br /> the termination notice itself. In such case, the Contractor shall continue to provide <br /> products and services as required by Everett until the effective date provided in the <br /> termination notice. <br /> G. No Compensation from the City for Termination: In the event of termination by the <br /> City for any reason, the Contractor shall have no entitlement for any compensation <br /> whatsoever from the City relating to such termination. This includes without <br /> limitation no compensation for expenses due prior to or after the termination date, <br /> and no compensation for Contractor ambulance or other equipment lease <br /> obligations due prior to or after the termination date, and no compensation for any <br /> expenses related to personnel due prior to or after the termination date. However; <br /> effective upon the termination date, the Contractor is no longer required to pay the <br /> monthly fee under section 11.2 above, which shall be prorated to the date of <br /> termination. <br /> H. Transition Plan. Upon notice of termination for any reason, Contractor shall, to the <br /> extent required by the City, comply with the Transition Plan requirements in section 36 <br /> above. <br /> 48.0 Force Majeure—Suspension and Termination. <br /> This section applies in the event that either party is unable to perform the obligations of this <br /> Contract because of a Force Majeure event as defined herein, to the extent that the Contract <br /> obligations must be suspended in full. A Force Majeure event is an event that prohibits <br /> performance and is beyond the control of the party. Such events may include natural or man- <br /> made disasters, or an action or decree of a superior governmental body, which prevents <br /> performance. <br /> Force Majeure under this Section shall only apply in the event that performance is rendered not <br /> possible by either party or its agents <br /> Should either party suffer from a Force Majeure event and is unable to provide performance, <br /> such party shall give notice to the other party as soon as practical and shall do everything <br /> possible to resume performance. <br /> Upon receipt of such notice, the party shall be excused from such performance as is affected by <br /> the Force Majeure Event for the period of such Event. If such Event affects the delivery date or <br /> warranty provisions of this Contract, such date or warranty period shall automatically be <br /> extended for a period equal to the duration of such Event. <br /> 49.0 [Not Used] <br /> 50.0 [Not Used] <br /> 31 of 34 <br /> 31 <br />
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