05-22-2023 Council Packet - Laserfiche WebLink

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(5) 11. Neither party hereto shall be deemed to be in default of any provision of this Agreement, or for delay or failure in performance, resulting from causes beyond the reasonable control of such party, which causes shall include, but are not limited to, acts of God, labor disputes, acts of civil or military authority, fire, civil disturbance, changes in laws, ordinances or regulations which materially affect the provisions hereof, or any other causes beyond the parties' reasonable control. 12. This Agreement shall commence on August 1, 2023 and shall terminate on July 31, 2024. Either party may initiate up to two (2) one (1) year extensions of this Agreement by giving the other written notice of its intent to so extend prior to March 1, 2024 and March 1, 2025. If the party who receives said notice of intent to extend gives written notice to the other party of its desire not to extend prior to, April 15, 2024 this Agreement shall terminate on July 31, 2024. Any extended term hereof shall be on the same terms and conditions set forth herein and shall commence on August 1, 2025. Either party may terminate this Agreement: 1) immediately for "just cause", as defined herein, or 2) for any reason, upon providing 120 days prior written notice to the other party. If the CITY should cancel this Agreement, as above provided, before the completion of the then current property assessment by the COUNTY, the CITY agrees to defend and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any liability that might ensue as a result of the non- completion of a property tax assessment, to the extent the non-completion was not directly caused by a material breach of this agreement by the County. For the purpose of this Agreement, the term "just cause" shall mean the failure of any party hereto reasonably to perform a material responsibility arising hereunder.