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R2002-169A AUTHORIZING EXECUTION OF AN AGREEMENT
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R2002-169A AUTHORIZING EXECUTION OF AN AGREEMENT
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1/14/2016 3:27:17 PM
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Resolution/Ordinance
Res Ord Num
R2002-169A
Res Ord Title
AUTHORIZING EXECUTION OF AN AGREEMENT GREAT PLAINS LOCATE SERVICE, INC.
Approved Date
9/16/2002
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15. Notice or Demand. An notice or demand iven under the terms of this <br /> Y g <br /> Agreement or pursuant to law shall be in writing and sent by facsimile or by certified ar <br /> registered mail, return receipt requested, proper postage paid to the parties as follow: <br /> A. CITY at: <br /> City Of Decatur <br /> Attn: Bob Davidson <br /> Engineering Technician Supervisor <br /> One Gary K. Anderson Plaza <br /> Decatur, IL 62523 <br /> Fax: (217) 424-2799 <br /> B. GPLS at: <br /> Great Plains Locating Service, Inc. <br /> Attn: President/CEO <br /> 11640 Arbor Street, Suite 200 <br /> Omaha,NE 68144 <br /> Fax: (402)334-7640 <br /> Such notice or demand shall be deemed to have been given or made when received or <br /> seventy-two (72) hours after being sent, whichever occurs first. The above designations may <br /> be changed at any time by giving notice in writing of the change not less than five (5) days <br /> prior to the effective date thereof. <br /> 16. Force Majeure. If performance of this Agreement is prevented, restricted or <br /> interfered with by reason of acts of God, wars, revolution, civil commotion, acts of public <br /> enemy, embargo, acts of govemment in its sovereign capacity, labor dif�culties, including <br /> without limitation, strikes, slowdowns, shortage, picketing or boycotts, or any other <br /> circumstances beyond the reasonable control and not involving any fault or negligence of the <br /> party affected including, without limitation, a material change in law, the party affected, upon <br /> giving prompt notice to the other party, shall be excused from such performance on a day-to- <br /> day basis during the continuance of such prevention, restriction, or interference (and the other <br /> party shall likewise be excused from performance of its obligations on a day-to-day basis <br /> during the same period), provided, however, that the party so affected shall use its best <br /> reasonable efforts to avoid or remove such causes of nonperformance and both parties shall <br /> proceed immedia.tely with the performance of their obligation under this Agreement whenever <br /> such causes are removed or cease. If a party's inability to perform its responsibilities under <br /> this Agreement continues for ten(10) days, either party may elect to terminate this Agreement <br /> and shall immediately give notice thereof in writing. <br /> -7- <br />
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