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<br />3.6 Force Majeure. The time period(s) specified in this Agreement for performance of the services
<br />rendered pursuant to this Agreement shall be extended because of any delays due to
<br />unforeseeable causes beyond the control, and without the fault or negligence of the Contt-actor or
<br />the City, including but not restricted to: acts of God or of the public enemy, unusually severe
<br />weather, fires, earth-quakes, floods, epidemics, quarantine restrictions, riots, strikes, freight
<br />embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the
<br />Cantractor, within three (3) days of the commencement of such delay, notifies the Utility Director
<br />in writing of the causes of the delay. The Utility Director shall ascertain the facts and the extent
<br />of the delay, and extend the time for performing the services for the period of fhe enforce delay
<br />when, and if in the judgment of the Utility Director such delay is justified. The Utility Directors
<br />determination shall be final and conclusive upon the parties to this Ageement. In no event shall
<br />the Contractor be entitled to recover damages against the City for any such delay in the
<br />perforn�ance of this Agreement, however caused, the Contractor's sole remedy being extension of
<br />the Agreement pursuant to this Section.
<br />3.7 Contractor's Failure to Perform. Should the Contractor fail to perform in accordance with the
<br />terms and conditions set forth in this Agreement, the City has the right to obtain the required
<br />services, at its discretion, from another person or entity, either temporarily or permanently, and to
<br />either suspend or terminate all remaining options of this Agreement in the event of such failure of
<br />performance on the part of the Contractor herein, the Contractor shall be responsible for all
<br />additional costs, expenses and damages incurred by the City as a result of the same.
<br />4.0 COORDINATION OF WORK:
<br />4.1 Representative of Contractor. The following principals of the Contractor are hereby designated as
<br />being the principals and representatives of the Contractor authorized to act in its behalf with
<br />respect to the work specified herein, and make all decisions in connection therewith:
<br />Wilson Nolan, President
<br />Doug Johnson, Controller
<br />Gary Bruggeman, District Manager
<br />Brent McManigal, Technical Services Manager
<br />Pima Gro Systems, Inc.
<br />I' O Box 7547
<br />iZedlands, CA 92375-0547
<br />(909)798-8717
<br />It is ex�ressly understood that the experience, knowledge, capability and reputation of the
<br />foregoing principals were a substantial inducement for the City to enter into this Agreement:
<br />Therefore, the foregoing principals shall be responsible during the term of this Agreement for
<br />directing all activities of the Contractar and devoting sufficient time to personally supervise the
<br />services hereunder. For purposes of this Agreement, the foregoing principals may not be
<br />replaced nor may their responsibilities be substantially reduced by the Contractor without the
<br />express written approval of the City.
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