RES 318 Draft 01 2024-2026 - Laserfiche WebLink

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14. DELAY IN PERFORMANCE OF AGREEMENT: If any delay in the performance under this AGREEMENT occurs as a result of unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not limited to, acts of God, acts of the public enemy, acts of the COUNTY with respect to this AGREEMENT, acts of another contractor in the performance of an AGREEMENT with the COUNTY, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of both the CONTRACTOR and such subcontractors or suppliers, then the CONTRACTOR may be granted an extension of the time for performance corresponding to the delay. No extension of time, however, shall be granted unless a written application therefore stating in detail the cause or causes of delay is filed by the CONTRACTOR with the ADMINISTRATOR within ten (10) calendar days after the commencement of the delay. No extension of time shall be deemed a waiver of the right of the COUNTY to require the completion of the services under this AGREEMENT within the time required herein as so extended by the specific terms of such extension, nor a waiver of right to terminate this AGREEMENT for any other or additional delay not covered by the specific terms of such extension. 15. ABANDONMENT OF THE PROGRAM, DEATH OR DISABILITY OF CONTRACTOR: In the event the COUNTY terminates this AGREEMENT because it wishes to abandon, defer, restudy or revise the program, or in the event the CONTRACTOR, in the case of an individual, dies or becomes physically or mentally disabled, the CONTRACTOR or the CONTRACTOR' estate shall be compensated in the same proportion of the compensation under this AGREEMENT as the services performed bear to the services to be performed under this AGREEMENT. 16. RIGHT OF THE COUNTY TO TERMINATE: The COUNTY shall have the right to suspend performance under this AGREEMENT or terminate this AGREEMENT in whole or in part at any time by written notice to the CONTRACTOR. If the termination is for reasons other than default of the CONTRACTOR as provided in paragraph entitled "TERMINATION DUE TO CONTRACTOR'S DEFAULT" herein, the CONTRACTOR shall be compensated in accordance with paragraph entitled "ABANDONMENT OF THE PROGRAM, DEATH OR DISABILITY OF CONTRACTOR" herein. 17. TERMINATION DUE TO CONTRACTOR'S DEFAULT: The COUNTY shall have the right to terminate this AGREEMENT, if the CONTRACTOR: a. Fails to begin work under this AGREEMENT at the required times; or 5