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09/23/2002 02:51 FAR 4404812231 MV PARKS AND RECREATION 4 LAW DIR 1?1006 <br />six (6) months from the actual completion of the Work, Utility shall submit to V illage a ; <br />i <br />certification of Utility's actual eosts and overhead for the Work, whieh will include the i <br />actuai Laud Costs, at which tune, either any overpayinent by Village to Utility shall be I <br />pcocessed by UtiliRy for reimbursement to Village, or, any underPaYment by Village to Utility shall be pracessed by Village for payment lo Utility. <br /> <br />A,RTICLE IV. FORCIE MAJEURE, <br />Neither party wa11 be liable for any delay or failure in performance of any part of <br />this A,greement caused by a Porce Majevre condition, including acts ofthe United States I <br />of America or any state, tercitory, or.political subdivision tJhereof, acts of God or a public <br />eneffiy, acts of terrorism, fires, floods, labor disputes, freight embargoes, esrthQvakes, <br />volcaauc actions, wars, civil disturbances, cable euts, actiogu or nonactioDs of others <br />aecessary far Utility's performance, inabili«ty to access Utility's facilities due to other's <br />performance or non-performance, or other causes beyond the reasvnable control of the <br />party claizning excusable delay or other failure tQ perform. If any Force Majeure <br />conditian occtus, the party whose performance faiLs or is delayeci because of such Force <br />AMajeure condition wrill give prompt notice to the other party, and, upon cessation of such <br />Force Majeuae condition, will giwe hlce notice and comnence performance laereunder as <br />promptly as reasonably practicable. <br />ARTICLE V. PROFESSIONAY. RESPONSIBILTY AND <br />INDENINIFICATIM <br />X. Pr+efcssi0nal RespoasibiUty <br />Utiiity shall be responsible for the grofessional quality and technical accuracy of <br />ail secvices perfotmed hereunder. UtiUty sball be and remaizi liabie to the Village in <br />5 ,