1994-04-25 Regular Meeting - Laserfiche WebLink

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• ARTICLE V (Continued) __ Indemnification and Insurance 2. omprehensive automobile liabilityjnsurance: (Continued) _ If any part of the work is sublet, similar insurance shall be provided by or in behalf of the 3 Subcontractor to cover their operations. Evidence of such insurance, satisfactory to the Client, shall be furnished by the Supplier. In the event a Subcontractor is unable to furnish insurance in the limits required under the Contract, the Supplier shall endorse the Subcontractor as an -~ Additional Insured on his policies including Workers' Compensation and Employer's Liability. ARTICLE VI Force Majeure -- .The term "force majeure" as used herein means any act of God, strike, lockout, or other industrial disturbance, act of a public enemy, war, blockade, public riot, lightning, fire, storm, flood, explosion, and any other cause, whether of the kind specifically enumerated above or otherwise, which is not reasonably within _ ~ the control of the party claiming suspension. If because of force majeure any party hereto is rendered unable, wholly or in part, to carry out its obligations under this Contract, then such party shall give to the other party prompt written notice of the force majeure with reasonable full details concerning it. Thereupon the obligations of both parties, so far as they are affected by the force majeure, shall be suspended during, but no longer than, the continuance of the force majeure. The affected party shall use all possible diligence to remove the force majeure as quickly as possible, but this obligation shall not be deemed to require the settlement of any strike, lockout, or other labor difficulty contrary to the wishes of the party involved ARTICLE VII Non-Waiver The failure of either party hereto to insist, in any one or more instances, upon performance of any of the terms, covenants or conditions of this Contract, shall not be conttnied as a waiver or relinquishment of the future performance of such term, covenant or condition by the other party hereto, but the obligation of such party with respect to such future performance shall continue in full force and effect. ARTICLE VII Remedies Cumulative The rights and remedies contained in this Contract shall be exclusive. Page 5 of 9