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Resolution 8443
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08000 - 08499 (2012-2016)
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Resolution 8443
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Last modified
6/25/2019 10:09:05 AM
Creation date
8/28/2015 12:58:56 PM
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MV City Council
City Council Document Type
Resolutions
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R. Force Majeure. Any delays in the performance of any obligation of YMCA under this <br /> Agreement shall be excused to the extent that such delays are caused by wars, national <br /> emergencies, natural disasters, strikes, labor disputes, utility failures, governmental <br /> regulations, riots, adverse weather, and other similar causes not within the control of <br /> YMCA, and any time periods required for performance shall be extended accordingly. <br /> S. Change in Key Personnel. If there is a personnel change in the YMCA's Chief <br /> Executive Officer, Chief Operating Officer, or Emma B. Howe YMCA Executive <br /> Director or in the City's Administrator or Finance Director, a meeting of said individuals <br /> shall be held within forty-five (45) days to review the general terms and conditions of this <br /> Agreement. In addition, if there is a change in two or more members of the City Council <br /> of the City within a three month time period, the City may request a meeting with the <br /> aforementioned individuals to review the general terms and conditions of this Agreement. <br /> T. Invalidation of Particular Provisions. If any clause, term or provision of this <br /> Agreement, or the application thereof to any person or circumstance shall to any extent, <br /> be invalid, unenforceable, or not in compliance with state bond financed property <br /> requirements, the remaining term of this Agreement, or the application of such term or <br /> provision to persons or circumstances other than those as to which it is held invalid or <br /> unenforceable, shall not be affected thereby, and each term and provision of this <br /> Agreement shall be valid and be enforced to the fullest extent permitted by law. It is the <br /> intention of the parties hereto that in lieu of each clause, term or provision of this <br /> Agreement that is illegal, invalid, unenforceable, or not in compliance with state bond <br /> financed property requirements, there be added as part of this Agreement a clause, term, <br /> provision, or state bond financed property requirement similar to such illegal, invalid or <br /> unenforceable clause, term, provision, or state bond financed property requirement as <br /> may be possible and would be legal, valid, and enforceable. <br /> U. Continuance of Rec Center/Governmental Program. This Agreement shall be subject <br /> to termination in the event the City discontinues operation of the Rec Center or the <br /> Governmental Program as set forth in Article IX. <br /> 10 <br />
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