CORE & MAIN LP (#2027020) - Laserfiche WebLink

3 7.Force Majeure. Neither Core & Main nor City shall be responsible to each other for damage or delay that arise from Force Majeure, including but not limited to conditions beyond the reasonable control, and not the result of the fault of the impacted Party, including, without limitation acts of God, storms, extraordinary weather, epidemic or pandemic, acts of government units, strikes or labor disputes, fire, explosions, thefts, vandalism, riots, acts of war or terrorism, non-price related unavailability of materials required for the Project, and unavailability of fuel. 8.Taxes, Permits, and Fees. Core & Main shall be responsible for obtaining all permits and related permit fees associated with the Project. The City must disclose any known fees in advance of contract signing. City shall pay sales, use, consumer, and like taxes when applicable, as well as any tariffs relating to the materials to be provided hereunder. City shall be responsible for securing at its sole expense any other necessary approvals, easements, assessments, or required zoning changes. Core & Main shall be responsible for all taxes measured by Core & Main’s income. 9.Compensation. Total compensation pursuant to this Agreement shall not exceed $10,262,257 for the term of this Agreement, which includes a contingency for unforeseen circumstances and related extra work as determined necessary by the City per the Contractors proposal of $9,535,236.31. Payment of such contingency funds is not guaranteed to Contractor unless the City requests and approves such extra work. The compensation amount for the initial term of this Agreement that combines project phases oversight, and any additional services that has been outlined in the Exhibit A Scope of Work CPX. a.Payments shall be made once the Software or Installed Equipment has been accepted, as defined in Section 1.6.6 of Exhibit A Scope of Work CPX. b.Payment shall not constitute acceptance of defective or nonconforming Work, nor waive any warranty or performance rights of the City. c.The City may withhold payment for defective Work, unresolved claims, schedule delays attributable to Contractor, or failure to meet performance standards. d.Contract Price and Phased Structure. The Work shall be performed in the following phases, each subject to written authorization by the City: Phase 1 – Project Startup Phase 2 – Proof of Concept (POC) Phase 3 – Full Installation and System Deployment Phase 4 – Project Closeout e.Authorization to proceed with each phase shall be issued in writing by the City. The City may, at its sole discretion, elect not to authorize subsequent phases. In such event, the Contractor shall be entitled only to payment for phases satisfactorily completed and accepted by the City. Docusign Envelope ID: D15BA154-47D3-8EAA-8171-B89F63E73DD1