Laserfiche WebLink
MnDOT Contract No.: 1060495 <br />-14- <br />Payable DCP and State Encumbering and Paying TH Portion <br />19.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not <br />obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued <br />at a level sufficient to allow for the payment of the services covered here. Termination must be by written <br />or fax notice to the City or the County. The State is not obligated to pay for any services that are provided <br />after notice and effective date of termination. However, the County will be entitled to payment, <br />determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. <br />The State will not be assessed any penalty if this Agreement is terminated because of the decision of the <br />Minnesota Legislature, or other funding source, not to appropriate funds. <br />19.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this <br />Agreement and all work, activities, performance, and payments authorized through this Agreement. Any <br />work performed during a period of suspension will be considered unauthorized work and will be <br />undertaken at the risk of non-payment. <br />20. Force Majeure <br />No party will be responsible to the other for a failure to perform under this Agreement (or a delay in <br />performance) if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a <br />party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, <br />labor disputes, acts of war or terrorism, or public health emergencies. <br />(The remainder of this page has been intentionally left blank.) <br />