R99-176 AUTHORIZING THE EXECUTION OF AN AGREEMENT

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ARTICLE 14- DELAY IN PERFORMANCE Neither Owner nor Engineer shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable controi of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slawdowns�, and other labor disturbances; sabotage;judicial restraint; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either Owner or Engineer under this Agreement. Should such circumstances occur, the nonperforming pa�ty shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. ARTICLE 15-COMMUNICATIONS Any communication required by this Agreement shall be made in writing to the address specified below: Engineer: Black& Veatch Corporation 8400 Ward Parkway Kansas City, Missouri 64114 Attn: Daniel W. McCarthy, Senior Vice Presitlent Owner: City of Decatur, Illinois #1 Gary K. Anderson Plaza Decatur, Illinois 62523-1196 Attn: Bruce A. McNabb, Director of Public Works Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Engineer and Owner. ARTICLE 16-WAIVER A waiver by either Owner or Engineer of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or fu�ther breach. 6 s�wi c�ry a o�v.dx 9/,i099