Agenda Package - 03-17-08 - Laserfiche WebLink

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049 GENERAL PROVISIONS Neither party shall assign or transfer, or permit the assignment or transfer of this Agreement or the rights hereunder without the prior written consent of the other party, provided however the Contractor may subcontract the transportation services to another entity. Also, Contractor may without the prior consent of the County transfer or assign its interests hereunder to an "Affiliated Contractor" without the prior written consent of County (this provision means that . In the event of any assignment or transfer, the assignee shall assume the liability of the Contractor, but such assumption of liability shall not relieve the Contractor of liability under this Agreement. For purposes of this paragraph, "dated Contractor" means any company which controls, is controlled by, or is under common control with the Contractor. This Agreement constitutes the entire agreement and understancling between the parties hereto, and it shall not be considered modified, altered, changed or amended in anv respect unless in writing and signed by the parties hereto. This is an Agreement for the performance of specific services described herein. Under no circurnstances or conditions shall the operation of the Transfer Station or the Sanitary Landfill by the Contractor in accordance with this Agreement be deemed a public function, nor has County acquired an interest ownership or otherwise in the real or personal property or improvements or fixtures used in providing the transportation services and/or the disposal services at the Transfer Station or the Sanitary Landfill by virtue of this Agreement. From and after the hate of this Ag~eenunt the Contractor's performance hereunder may be suspended and its obligations hereunder excused in the event and during the period that such performance is prevented by a cause or causes beyond the reasonable control of the Contractor. Such causes may include, by way of example and not limitations, acts of God, acts of war, riot, fire, explosion, accident, flood or sabotage; lack of adequate fuel, power or raw materials, judicial administrative or governmental laws, regulations, requirements, rules, orders or actions; injunctions or restraining orders; the failure of any governmental bony to issue or grant, of the suspension or revocation or modification of any license, permit or other authorization necessary for the services envisioned by this Agreement; national defense requirements; labor strike, lockout or injunction. • 6