1981-11-18 Regular Meeting - Laserfiche WebLink

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.College View to make the payments required under the terms hereof, then if such party shall give notice and full particulars of such reasons in writing; to the other party within a reasonable time after the occurrence: of t:hc, event:, or cause rc~llc:d on, ttre obligation of Lhe p~>.rty giving such notice, so i'ar as it is ai'fected by such "force majeure", shall be suspended during the continuance of. the inability than c~lainu~cl, lrut fc~r no lc)nE~er pc~ric)cl; and :r-ry tiuch 1);rrty shall endeavor to remove or overcc)rncr such inability with all reasonable dit;pat.r,h. '1'hcr Lc~rm "1'crr•ee m:r•je~c.rre" a:; eml~lc)yc~d hercr.in shall. mean ac•.t.:; of Gc~d, tiLril:(•ti, luc•.ic-c~rrt.:; crr• crl.l)c~r indu:;Lri:>_1 di.st.r.rrhnnccs, ur.t.:; crf public enc~rny, orders or act ions of any lei nd o1' the Government of Chc~ ilnitc~d States nr of Lhe State o1' Tcxa:-: c)r ~n}~ civil or rnil~itary autl~c~rlty, insurrrctions, ric~Ls, epi.de-nir.:;, lancltil iclr,s, 1. l.l;htrzinl;, ~:rrthqu;rl:cs, fires, hurricanes, storms, floc)cls, watihouts, dre~ut;ht5, a.rre ,ts, restraints of government and people, civil distirrbanc.es, explosions, breakage or aeciclent to dams, maehinc~ry, tripe] ine5, or canals or oi.hc~r :;truc~ture~;, on account of any other cause not reasonably wi.thi.n the ct~nt.t•c~rl c)i~ the party claiming such inability. 1L is ut)dcrsi.e~od unel :)~.rc•erel t.h:,t_ Ilrc• settlement of strikes and lock-outs shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any "force majeure" shall be remedied with all reasonable dispatch shall .not require the settlement of strikes and lock-outs by acceding to the demand of the opposing parties when such settlement is unfavorable to it in the judgment of the party havir~l; the difficulty. Iv'o failure of the City to meet any obligation by reason of "force majeure" shall relieve College View frorn its obligations to make payments required under the terms hereof. (b) No damages shall be recoveraUle from City by reason of ilie causes above mentioned. (c) It is expressly recognized by College View that City may. be compelled to make necessary alterations, repairs or extensions of rick or additional facilities from time to time during the life of this contract and any suspension of service to College View due to such I~