Laserfiche WebLink
16. EXCUSE OF PERFORMANCE. The performance of this Agreement by either parry, <br />except for the payment by the Hospital of money for the Service already rendered to it by Daniels, may be <br />suspended by either party in the event such performance is prevented by a cause or causes beyond the <br />reasonable control of that parry. Such causes shall include, but not be limited to, acts of God, act or war, <br />riot, fire, explosion, accident, flood, or sabotage, lack of adequate fuel, power, raw materials, labor or <br />transportation facilities, governmental laws, regulations, requirements, orders, or actions, breakage or <br />failure of machinery or apparatus, national defense requirements, injunctions or restraining orders, labor <br />trouble, strike, lockout or injunction (providing a party shall not be required to settle a labor dispute <br />against its own best judgment). <br />17. THIRD PARTY BENEFICIARIES/PARTIES IN INTEREST. This Agreement has <br />been made and is made solely for the benefit of the parties hereto and their respective successors and <br />permitted assigns. Nothing in this Agreement is intended to confer any rights or remedies under or by <br />reason of this Agreement on any persons other than the parties to it and their respective successors and <br />permitted assigns. Nothing in this Agreement is intended to relieve or discharge the obligation or liability <br />of any third persons to any party to this Agreement. <br />18. ASSIGNMENT. Neither parry may assign any right or obligations of this Agreement <br />without the express written consent of the other parry. Such consent, however, shall not unreasonably be <br />withheld. Notwithstanding, Daniels may assign certain of its collection and removal obligations to a duly <br />licensed and permitted medical hazardous waste transporter. <br />19. NOTICE. All notices, requests, demands, and other communications required to or <br />permitted to be given under this Agreement shall be in writing and shall be conclusively deemed to have <br />been'duly given: (i) when hand delivered to the other party; or (ii) when received when sent by facsimile <br />at the address and number set forth below (provided, however, that notices given by facsimile shall not be <br />effective unless either: (a) a duplicate copy of such facsimile notice is promptly given by depositing same <br />in a United States post office with first-class postage prepaid and addressed to the parties as set forth <br />below; or (b) the receiving parry delivers a written confirmation of receipt for such notice either by <br />facsimile or any other method permitted under this section. Additionally, any notice given by telex or <br />facsimile shall be deemed received on the next business day if such notice is received after 5:00 p.m. <br />(recipient's time) or on a non -business day); or (iii) three business days after the same have been <br />deposited in the United States post office with first class or certified mail, return receipt requested, <br />postage prepaid and addressed to the parties as set forth below; or (iv) the next business day after same <br />have been deposited with a national overnight delivery service reasonably approved by the parties (i.e., <br />Federal Express and DHL Worldwide Express being deemed approved by the parties), postage prepaid, <br />addressed to the parties as set forth below with next business day delivery guaranteed, provided that the <br />sending party receives a confirmation of delivery from the delivery service provider. <br />IF TO DANIELS: Daniels SharpSmart, Inc. <br />Attention: Randy Shillington <br />1772 Los Arboles J 112 <br />Thousand Oaks, CA 91362 <br />Facsimile: (805) 552-0734 <br />"S" SERIES SHARPSMART COLLECTION <br />AND DISPOSAL SERVICE AGREEMENT <br />4837-1/Sutter Tracy Community Hospital <br />0 <br />