ARTICLE 17. FORCE MAJEURE Neither party shall be liable to the other or be deemed to be in breach of the Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include, but are not limited to, acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe weather. Dates or times of performance shall be extended to the extent of delays excused by this Article 17, provided that the party whose performance is affected notifies the other promptly of the existence and nature of such delay. Nothing contained in this Article 17 shall derogate from or affect the Agency’s rights to terminate this Agreement pursuant to Article 10 above. ARTICLE 18. SEVERABILITY If any provision of the Agreement is declared or to be illegal, unenforceable or void, then both parties shall be relieved of all obligations under that provision. The remainder of the Agreement shall remain enforceable to the fullest extent permitted by law. ARTICLE 19. HEADINGS The headings used herein are for reference and convenience only and shall not enter into the interpretation of the Agreement. ARTICLE 20. AMENDMENTS No amendment to the Agreement shall be effective unless it is signed by authorized representatives of both parties and accepted for filing at the offices of the Agency. ARTICLE 21. CONFLICT OF INTEREST The Consultant understands that any person providing services the Agreement may be a "special state employee," for purposes of M.G.L. c. 268A, but shall otherwise be an independent contractor and not an employee of the Agency. The Consultant further agrees to comply with said Chapter 268A, as "special state employee," and to promptly disclose to the Agency any activity under the Agreement by the Consultant or an employee thereof that is or may result in a violation thereof. The Agency acknowledges that the Consultant can perform services for other clients during the duration of this Agreement, provided such clients do not conflict with the services required under this Agreement and subject to applicable law.
ARTICLE 17. FORCE MAJEURE Neither party shall be liable to the other or be deemed to be in breach of the Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include, but are not limited to, acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or unusually severe weather. Dates or times of performance shall be extended to the extent of delays excused by this Article 17, provided that the party whose performance is affected notifies the other promptly of the existence and nature of such delay. Nothing contained in this Article 17 shall derogate from or affect the Agency’s rights to terminate this Agreement pursuant to Article 10 above. ARTICLE 18. SEVERABILITY If any provision of the Agreement is declared or to be illegal, unenforceable or void, then both parties shall be relieved of all obligations under that provision. The remainder of the Agreement shall remain enforceable to the fullest extent permitted by law. ARTICLE 19. HEADINGS The headings used herein are for reference and convenience only and shall not enter into the interpretation of the Agreement. ARTICLE 20. AMENDMENTS No amendment to the Agreement shall be effective unless it is signed by authorized representatives of both parties and accepted for filing at the offices of the Agency. ARTICLE 21. CONFLICT OF INTEREST The Consultant understands that any person providing services the Agreement may be a "special state employee," for purposes of M.G.L. c. 268A, but shall otherwise be an independent contractor and not an employee of the Agency. The Consultant further agrees to comply with said Chapter 268A, as "special state employee," and to promptly disclose to the Agency any activity under the Agreement by the Consultant or an employee thereof that is or may result in a violation thereof. The Agency acknowledges that the Consultant can perform services for other clients during the duration of this Agreement, provided such clients do not conflict with the services required under this Agreement and subject to applicable law.
RFI_-_Transportation_Infrastructure_Enhancement_Trust_Fund_v6_(final).docx