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City of Casselberry I Procurement and Contract Management Division
<br />96 Triplet Lake Drive, Casselberry, Florida 32707
<br />Phone: 407-262-7700, Ext. 1142 ( procurement@casselberry.org
<br />SG -2020-0643 Golf Course Management Services
<br />of principal and agent is established or intended hereby between or among the Parties.
<br />SECTION 21 THIRD -PARTY BENEFICIARIES
<br />The provisions of this Agreement are for the exclusive benefit of the parties and not for the benefit of any third
<br />person, nor shall this Agreement be deemed to have conferred any rights, express or implied, upon any third
<br />person unless otherwise expressly provided.
<br />SECTION 22 FORCE MAJEURE• CONDEMNATION; FIRE AND OTHER CASUALTY
<br />Neither party shall be considered in default in performance of its obligations hereunder to the extent that
<br />performance of such obligations, or any of them, is delayed or prevented by force majeure. Force majeure shall
<br />include, but not be limited to, hostilities, terrorism, revolution, civil insurrection, strike, epidemic, fire, flood,
<br />windstorm, earthquake, explosion, any law, proclamation, regulation, pandemic, or ordinance or other act of
<br />government, or any act of God or any cause whether of the same nature, provided that the cause whether or
<br />not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking
<br />relief under this Section.
<br />If all or any portion of the Club is destroyed by fire or other casualty, or taken by eminent domain, such damage,
<br />destruction, or condemnation shall not be a cause for termination hereunder by either party unless such damage
<br />or destruction results in the whole or a substantial part of the Club being unusable for its intended purpose for a
<br />period of one year or longer. In the case of such total or substantial damage or destruction and CITY decides
<br />not to rebuild the damaged portion of the Club, then in any such event, notwithstanding the notice requirements
<br />of Section 9, this Agreement shall terminate upon notice from CITY to CONTRACTOR of such termination and
<br />neither party shall have any further rights or obliqations hereunder. Notwithstandinq the foregoing, if:
<br />A. As a result of any damage or destruction to, or condemnation of, any part of the Club, or
<br />B. Otherwise due to causes beyond CONTRACTOR's reasonable control (and so long as
<br />CONTRACTOR uses all reasonable diligence to cure such inability),
<br />CONTRACTOR is unable to perform its obligations hereunder in respect of the operation of the Club, CITY and
<br />CONTRACTOR shall use their mutual best efforts to agree upon an amendment to the Annual Budget and
<br />Program, including, without limitation, the working capital provisions thereof, to allow payment of necessary Club
<br />expenses (including, without limitation, Club employee expenses) until such damage or destruction is repaired
<br />or such inability is cured and, if the parties are unable to agree on such an amendment within twenty (20) business
<br />days after CONTRACTOR shall have given CITY notice of the occurrence of such event, CONTRACTOR shall have
<br />the right to terminate this Agreement by notice to CITY of such termination and neither party shall have any further
<br />rights or obligations hereunder.
<br />SECTION 23 TIME IS OF THE ESSENCE
<br />Time is of the essence in this Agreement as to all dates and time periods; specifically, the obligations in the
<br />Scope of Services. To the extent that the last day of any time period stipulated in this Agreement falls on a
<br />Saturday, Sunday or legal holiday (State or Federal), the period shall run until the end of the next day which is
<br />neither a Saturday, Sunday or legal holiday. Any time period of ten (10) days or less specified herein shall not
<br />include Saturdays, Sundays or legal holidays. The term "business days" means days other than Saturdays,
<br />Sundays or legal holidays.
<br />SECTION 24 FURTHER ASSURANCES
<br />Each party hereto agrees to sign any other and further instruments and documents, consistent herewith, as may
<br />PUR-F-405 8 10/2019
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