R2016-33 AUTHORIZING EXTENSION OF CONTRACT Midwest Fiber

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awarded damages for failure of performance, includin�attorney's f'ees and professional fees, or both,and costs. FORCE MAJUERE: Neither party shall be deemed in default of this Contract if such default is due to any civil disorder, riots, insurrecti�ns, war, major casualties, Act of God, or any other cause be}�ond the reasonable control of the City or FS ("Force Majeure"). A force majeure event shall be claimed in writing, if at all, within 20 days of the event thereof, and othcrwise may not be claimed. STRIKES: The Contractor shall be required to tile proof with the City that it has a `'no strike" provision for the duration of all collective bargaining agreements with its workers as a condition of the City entering this Contract. Prior to any renewal or new contract, the Contractor shall produce proof that all collective bargaining agreements with its workers contains a "no strike" clause. AMENDMENTS: This contract may not be amended, supplemented, modified or in any way altered except by written agreement executed by the parties' authorized representatives. CHANGE IN SERVICE: Prior to changing the type of service or service schedule described in this contract, the City shall notify the Contractor of the proposed changes in writing. Thereafter, the Coniractor shall within sixty (60) days provide the City a response to the proposed changes, including any changes or modifications to this contract necessitated thereby. The parties shall thereafter attempt to come to an agrcement as to any disputed changes. In thc event no agreement is reached after reasonable attempts to negotiate the same, either party may terminate this contract upon a minimum seven (7)days writien notice to the other. NON-ASSIGNMENT: The Contractor shall not assign or subcontract this contract, or ihe wark thereof, to any person, firm, or corporation without prior written consent of the City, but the Contractor may perform its abligations hereunder through its own affiliates, subsidiaries or divisions. No assignment or subcontracting of the work under this contract shall relieve the Contractor of its obligations hereunder, or alter the terms of this contract. INSURANCE: Prior to performing any work under this Contract, Contractor shall obtain and provide City proof ot' the following insurance covcra�cs, provided by insurance companies acceptable to City and authorized to transact business under the laws of the State of Illinois. The coverages shall be in place whenever Cantractor performs any work pursuani to this Contract. The insurance companies providinb coverage shall be rated in the Best's Key Rating Guide. Cit�� 11