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2020-146 Resolution
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2020-146 Resolution
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1/21/2021 1:48:17 PM
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North Olmsted Legislation
Legislation Number
2020-146
Legislation Date
12/22/2020
Year
2020
Legislation Title
Senior Transportation Contract
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obtaining a remedy to said breach. Failure to enforce the breach of any portion of this Contract by <br />either party shall not constitute a waiver of such right in respect to same or any other breach. <br />SECTION 23: GOVERNING LAW AND VENUE <br />All legal proceedings brought in connection with this Contract shall only be brought in a state or <br />federal court located in the State of Ohio. Venue in state court shall be in Cuyahoga County. Ohio. <br />Each party hereby agrees to submit to the personal _jurisdiction 01' these courts for any lawsuits <br />Filed there against such party arising under or in connection with this Contract. In the event that a <br />legal proceeding is brought for the enforcement of any term of the Contract, or any right arising <br />there from, the parties expressly waive their respective rights to have such action tried by jury trial <br />and hereby consent to the use of non jury trial for the adjudication of such suit. <br />All questions concerning the validity, operation, interpretation, construction and enforcement of <br />any terms, covenants or conditions of this Contract shall in all respects be governed by and <br />determined in accordance with the laws of the State of Ohio without giving effect to the choice of <br />law principles thereof and unless otherwise preempted by federal law. <br />SECTION 24: SEVERABILITY <br />If any provision of this Contract shall be declared illegal, void or unenforceable by a court of <br />competent jurisdiction, or in an arbitration proceeding, the other provisions shall not be affected <br />but shall remain in full force and effect. <br />SECTION 25: FORCE MAJEURE <br />The parties will exercise every reasonable effort to meet their respective obligations hereunder, <br />but shall not be liable for delays resulting from force majeure or other causes beyond their - <br />reasonable control, including, but not limited to, compliance with any Government law or <br />regulation, acts of God, acts or omissions of the other party. Government acts or omissions, fires, <br />strikes, national disasters, wars, riots, transportation problems and/or any other cause whatsoever <br />beyond the reasonable control of the parties. Any such cause will extend the performance of the <br />delayed obligation to the extent of the delay so incurred. <br />SECTION 26: NOTICES <br />All notices sent pursuant to this Contract shall be sent to the following: <br />If to the Recipient: Carrie Copfer <br />Finance Director <br />City of North Olmsted <br />5200 Dover Center Road <br />North Olmsted, Ohio 44070 <br />If to Contractor: Janice Drigiel <br />Executive Director <br />Senior Transportation Connection <br />Transportation Services Contract <br />Senior Transportation Connection and the City of North Olmsted <br />
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