05/11/2009 Council Packet - Laserfiche WebLink

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Dispute Resolution In case of a dispute regarding the interpretation of any part of this Contract, the parties shall use their best efforts to arrive at a mutually acceptable resolution. The Consultant shall proceed diligently with its performance of the work under this Contract pending the final resolution of any dispute arising or relating to this Contract. The Client shall continue to pay the Consultant for its performance under the Contract except for those items related to the dispute. ARTICLE 10 - CONFLICT OF INTEREST The CONSULTANT represents that it has no interest and shall acquire no interest, either direct or indirect, which would conflict in any mariner with the performance of services required. Consultant employees, consultants, or subcontractors may undertake outside professional activities provided such activity and involvement does not conflict or interfere with this Contract. In addition, employees, consultants, or subcontractors will not directly or indirectly, alone or with others, engage in or have any interest in any person, firm, or entity that engages in any business activity that is competitive with the business performed under this Contract. ARTICLE 11- EXCUSABLE DELAYS The PARTIES shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the PARTIES and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; and abnormally severe and unusual weather conditions. Upon either PARTIES's request, the other PARTY shall consider the facts and extent of any failure to perform the work and, if the PARTIES's failure to perform was without its fault or negligence, the Contract Schedule and /or any other affected provision of this Contract shall be revised accordingly to a newly agreed upon timeline. It shall be the responsibility of the PARTIES to notify the other PARTY promptly in writing whenever a delay is anticipated or experienced, and to inform the other PARTY of all facts and details related to the delay. 2009 Professional Services Agreement - Lino Lakes, MN and ICMA 4 • • •