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2003-089 Resolution
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2003-089 Resolution
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1/10/2014 3:23:19 PM
Creation date
12/26/2013 7:46:29 AM
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North Olmsted Legislation
Legislation Number
2003-089
Legislation Date
6/17/2003
Year
2003
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14.0 Renewal. SBC will notify Customer at least 60 days prior to the expiration of the <br />Agreement that Customer may: <br />A. Enter into a new agreement; or <br />B. Automatically revert, on expiration of the Agreement, to the then current <br />monthly rates for the appropriate Centrex service in the Catalog. <br />15.0 Force Maieure. Neither party shall be held liable for any delay or failure in performance <br />of any part of the Agreement from acts of God, acts of civil or military authority, government regulations <br />or requirements, embargoes, epidemics, war, terrorist acts, riots, quarantine, insurrections, fires, <br />explosion, earthquakes, nuclear accidents, floods, labor disputes, power blackouts, other major <br />environmental disturbances, complaints, and/or investigations, unusually severe weather conditions, <br />inability to secure equipment or acts or omissions of others. Time to perform any obligation is <br />extended by the time of the delay. <br />16.0 Safe Work Environment. Customer will provide a safe work environment for SBC <br />personnel. Customer's obligations include but are not limited to: <br />A. Notifying SBC, prior to SBC's commencement of any work under the <br />Agreement, of any environmental hazards known to Customer, including but not <br />limited to the presence of friable asbestos, which are present in the premises; <br />B. Removing or abating, at Customer's expense, the risk posed by such <br />environmental hazard when required by law or deemed necessary by SBC, based <br />upon Occupational Safety and Health Act (OSHA) regulations, in the exercise of its <br />reasonable judgment; <br />C. Adopting, at Customer's expense, any other work site safety measures required <br />by law or deemed necessary by SBC, based upon the OSHA regulations, in the <br />exercise of its reasonable judgment. <br />D. Nothing described above shall be construed to obligate Customer to provide <br />SBC personnel any safety measures which SBC is required by law to provide its <br />personnel or which are used customarily by such personnel in providing Services to <br />SBC customers. <br />E. Notwithstanding any other provision of the Agreement: <br />SBC may suspend performance or pursue any other remedies <br />provided for under the Agreement if Customer unreasonably delays or fails to <br />comply with this provision after written demand therefore by SBC; and <br />ii. In the event any of the measures described above are unreasonably <br />expensive, Customer may request that SBC suspend its performance until such <br />time as the alternative remedy or course of perFormance is secured or agreed <br />upon; provided, however that SBC may terminate the Agreement without liability <br />where such suspension lasts longer than 60 days. <br />GENERAL PROVISIONS <br />17.0 Approval and Acceptance. The Agreement is subject to final approval and written <br />acceptance by SBC. <br />City of North Olmsted Centrex 03-OH-70816 <br />(dsb) 05/28/03 <br />
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