R2001-199 AUTHORIZING AGREEMENT - Laserfiche WebLink

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. � commission; delays in receipt of material; or any other cause, whether of similar nature, not within the control of the party affected and which, by the exercise of due diligence, such party is unable to prevent or overcome. Should any of the foregoing occur, the parties hereto agree to proceed with diligence to do what is reasonable and necessary so that each party may perform its obligations under this Agreement. The City shall not in any event incur any liability to ADM for ' consequential or other damages which may result from delays in initiating service or interruptions or other malfunctions of service. 20. Non-AgencX. It is agreed that the City is not an agent of ADM and shall not incur any costs or expenses on behalf of ADM, and that ADM is not an agent of the City and shall not incur any costs or expenses on behalf of the City. 21. Default. If either party in default with respect to, breaches or fails to perform one or more of the representations, covenants, warranties or other terms of this Agreement, and such default, breach or failure is not cured or corrected within fifteen (15) business days after receipt of written notice thereof given by the other party, the other party shall be entitled to (i) terminate this Agreement, (ii) sue for specific performance, and (iii) pursue any and all remedies available at law or in the equity, including without limitation, recovery of the actual costs incurred in connection with the transaction contemplated in this Agreement. 22. Term. This Agreement shall have a term of twenty (20) years commencing on the Closing Date of the acquisition by ADM of the City's North Plant. This Agreement shall automatically renew for terms of five (5) years, unless either party gives written notice not less than one (1) year prior to the expiration of the current term that the party does not desire that the Agreement be renewed. 12