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Agmt04 Recycled Water (S... (2)
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Agmt04 Recycled Water (S... (2)
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Last modified
1/23/2014 2:52:28 PM
Creation date
8/24/2004 8:59:37 AM
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Template:
Agreement
Contractor Name
South Bayside System Authority SBSA
PROJECT NAME
production & delivery of recycled water
RMP File Number
802
Date
8/1/2004
MO Ref
04-152
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10.11 Force Majeure <br /> The Parties shall be excused from performance of their respective obligations <br /> under this Agreement if, and for so long as,they are prevented from doing so by <br /> an"act of God" (including but not limited to fire, flood, and earthquake), war, <br /> civil disturbance, epidemic, quarantine, riot, strike or labor dispute (other than a <br /> strike by or dispute with employees of the Party claiming inability to perform) or <br /> other similar cause not the fault of, and beyond the control of, the Party claiming <br /> excuse. A Party claiming excuse under this section must (1) have taken <br /> reasonable precautions to avoid being affected by the cause, and(2) notify the <br /> other Party promptly (and in any case within five(5) days after the occurrence of <br /> the event) specifying the nature of the event,the length of time the Party expects <br /> to be prevented from performing, and the steps which the Party intends to take to <br /> restore its ability to perform. The Party claiming excuse under this section shall <br /> take all reasonable actions necessary to resume performance as quickly as <br /> possible. <br /> 10.12 Notices <br /> All notices given under this Agreement shall be in writing. Notice shall be - <br /> sufficiently given when <br /> (a) personally delivered, <br /> (b) mailed first-class,postage prepaid, or <br /> (c) delivered by overnight delivery service,with charges prepaid <br /> to the address indicated below or as said address may be changed by written <br /> notice given to the other Party. <br /> -31- 1091374.7 <br /> _ f <br />
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