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Agmt99 San Mateo County & RWC S
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Agmt99 San Mateo County & RWC S
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Last modified
7/19/2005 10:26:33 AM
Creation date
5/24/2002 3:06:33 PM
Metadata
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Template:
Agreement
Contractor Name
San Mateo County & Redwood City School District
PROJECT NAME
Taft and Garfield Schools playing fields
RMP File Number
304
Date
11/8/1999
Reso Ref
13782 13981
Amendment
Yes
Box
5900
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13. Entire Agreement. <br /> <br /> This Agreement constitutes the entire agreement of the parties with respect to the subject matter <br /> <br />hereof, and supersedes any prior and or written understanding on the same subject. <br /> 14. Resolution of Disputes. <br /> <br /> Ifa dispute arises out of or relates to this Agreement, or the breach thereof, the parties shall <br />endeavor to settle the dispute through direct discussions. If the dispute cannot be settled through <br />discussions, the parties agree to first try, in good faith, to resolve the dispute by mediation before, and <br /> <br />as a condition precedent to, the initiation of any adjudicative action or proceeding. <br /> 15. Excuse of Performance. <br /> <br /> Notwithstanding any other provision of this Agreement to the contrary, any fa'dure by County, <br />City or District to perform any duty or obligation set forth in this Agreement shall not be deemed a <br />breach of or default in the performance of this Agreement if such failure to perform is caused by fire, <br />earthquake, flood, hurricane, the elements, acts of God or the pubhc enemy; actions, restrictions, <br />limitations or interference of other governmental authorities or their agents; enforcement of applicable <br />provisions of federal, state or local law; war; invasion; insurrection; rebellion; riots; strikes or lockouts; <br />or inability to perform which is beyond the reasonable control of County, City or District. <br /> <br /> 16. Default. <br /> <br /> a. In the event of default by any pal-~y, any other party shall give written ftotice to <br /> <br />the defaulting party of the default. The defaulting party shall have ninety (90) days from the date of <br />written notice to cure the default, provided, that if the default cannot reasonably be cured within ninety <br />(90) days, the defaulting party may commence to cure the default within said ninety (90) day period and <br />shall diligently pursue all necessary and appropriate action to cure the default within a reasonable time <br />thereat~er. <br /> <br /> b. The parties' respective remedies hereunder in the event of default shall be <br /> 8 <br /> <br /> <br />
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