Reso 1996-131 to 135 - Laserfiche WebLink

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(including delay in securing or inability to secure materials by reason of allocations promulgated by authorized governmental agencies), epidemics, landslides, lightning, earthquakes, fire, storm, floods, washouts, explosions, inability to obtain easements or rights -of -way, or any other cause, whether of the kind herein enumerated or otherwise, not reasonably within the control of the Party claiming "force majeure." The "force majeure" shall, so far as possible, be remedied with all reasonable dispatch. The settlement of strikes or lockouts or industrial disputes or disturbances shall be entirely within the discretion of the Party having the difficulty, and the above requirement that any "force majeure" shall be remedied with all reasonable dispatch shall not require the settlement of strikes, lockouts or industrial disputes or disturbances by acceding to the demands of any opposing Party therein when such course is inadvisable in the discretion of the Party having the difficulty. The Party claiming any failure to perform due to "force majeure" shall provide verbal notification thereof to the other Party as soon as practicable after the occurrence of the "force majeure" event. 10.5 SEVERABILITY. The invalidity of one or more clauses, sentences, sections or articles of this Agreement shall not affect the validity of the remaining portions of the Agreement so long as the material purposes of this Agreement can be determined and effected. 11.1 TERM AND EXTENSION. Subject to the provisions of Section 4.1, this Agreement shall commence on the Effective Date and unless terminated sooner shall continue until December 31, 2006; provided, however, that the Parties may elect by mutual agreement to extend the term of this Agreement on an annual basis following the initial term. If Permittee wishes to extend the term pursuant to the foregoing, it shall advise PG&E in writing at least six (6) months in advance prior to the date this Agreement would otherwise expire, and both Parties shall thereupon enter into discussions concerning such extension and any modifications to the Agreement. :u 11 am I CQ (a) If Permittee fails, in PG&E's opinion, to (i) make any payment due hereunder within the time frame specified or otherwise comply with any term or condition of this Agreement; (ii) obtain or maintain the appropriate authorizations from any Granting Authority; PG&E, at its sole election upon ten (10) days' written notice to Permittee (or such shorter period of time as may be determined by PG&E in order to comply with a notice from a Granting Authority, if applicable), may terminate without further liability the license granted to Permittee hereunder as to all or any portion of the Pole Attachments and Permittee shall immediately relinquish use of the PG&E Poles and remove its Pole Attachments from PG&E Poles in accordance with this Agreement prior to the effective date of termination. 14