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i �l \ <br /> � . <br /> ' ' 41. Neither ATE nor TMD shall be liable to the City for any failure, delay or I' <br /> interruption of service or for any failure, delay or interruption in the performance of any I' <br /> obligation under this Agreement due to strike, walkout, act of God, governmental restriction, I, <br /> enemy action, civil commotion, or any other cause beyond the reasonable control of ATE or I� <br /> TMD. In such an event the City may excuse Operator from performance under the Contract, and �' <br /> shall have the right to take over operation of the transit system with City employees or other I� <br /> persons as City may deem appropriate until Operator is able to resume operations. II' <br /> 42. Contractor shall at all times keep all of its employees informed of all applicable � <br /> City rules and regulations pertaining to the transit system as contained in the DPTS , <br /> Administrative Policy and Procedure Manual, which shall be made a part of the management �i <br /> a reement b reference. I'I <br /> g Y <br /> 43. In the interpretation of the management agreement and in the relationship between <br /> Contractor and City, the Contractor shall be construed as being and is an independent contractor <br /> who shall not be held or deemed, directly or indirectly, in any way to be an agent,joint venturer, <br /> employee, or official of City. <br /> IN WITNESS WHEREOF , the said Operator has caused this Agreement to be signed, <br /> sealed and attested by their Executive Vice-President and Vice-President, this 1�?�1G day of <br /> �(�� , 1996, and said City has caused the same to be signed, sealed, and attested to <br /> by its Mayor and City Clerk this o��! day of r�i.�� , 1996. <br /> 16 <br />