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The performance of this Agreement, except for the payment of money for Services <br /> already rendered,may be suspended by either party in the event performance of this <br /> Agreement is prevented by a cause or causes beyond the reasonable control of such <br /> party. Such causes shall include but not be limited to: acts of God, acts of war, riot, <br /> fire, explosion, accidents, inclement weather, or sabotage;lack of adequate Heel, power, <br /> raw materials, labor or transportation facilities; changes in government laws, <br /> regulations, orders, or defense requirements; restraining orders, labor dispute, strike, <br /> lock-out or injunction (provided that neither party shall be required to settle a labor <br /> dispute against its own best judgments). The party which is prevented from performing <br /> by a cause beyond its reasonable control shall use its best efforts to eliminate such cause <br /> or event. <br /> ARTICLE 10. Termination <br /> This Agreement may be terminated by either party upon forty-eight (48)hours prior <br /> notice to the other party. <br /> ARTICLE 11. Notice <br /> Any notice to be given under this Agreement shall be in writing and delivered to the <br /> address listed below: <br /> Customer: Northwest Pipe Company <br /> 10100 W Linne Rd. <br /> Tracy CA, 95377 <br /> Contractor: Clean Harbors Environmental Services, Inc. <br /> 42 Longwater Drive, <br /> P.O. Box 9149 <br /> Norwell, MA 02061-9149 <br /> Attn: General Counsel (Urgent Contract Matter) <br /> ARTICLE 12. Additional Provisions <br /> 12.1 Limitation of Liability- Customer agrees that Contractor shall not be responsible for <br /> pre-existing contamination at thejob location, natural resource damage, or for indirect, <br /> incidental, consequential or special damages, including loss of use or lost profits, <br /> resulting from or arising out of the performance of the Scope of Work by Contractor, its <br /> employees, agents and/or subcontractors. <br /> 12.2 Waiver-Any waiver by either party of any provision or condition of this Agreement <br /> shall not be construed or deemed to be a waiver of any other provision or condition of <br /> this Agreement, nor a waiver of a subsequent breach of the same provision or condition. <br /> 12.3 Severability- If any section, subsection, sentence or clause of this Agreement shall be <br /> deemed to be illegal, invalid or unenforceable for any reason, such illegality, invalidity <br /> Page 6 of 7 <br /> OGCJRev 06/2014 <br />