Common use of Additional Terms & Conditions Clause in Contracts

Additional Terms & Conditions. A. The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico. If sufficient appropriations and authorization are not made, this Agreement shall terminate upon written notice given by NMTD to the Partner. NMTD’s decision as to whether sufficient appropriations are available shall be accepted by the Partner and shall be final. B. This Agreement shall become effective upon its execution by both Parties and shall terminate on June 30, 2021. Either party may terminate or seek to further negotiate this Agreement upon ninety (90) days written notice to the other. In the event of termination, neither party may nullify obligations already incurred for performance or failure to perform, prior to the date of termination and any outstanding reimbursements shall be made pro rata. C. This Agreement shall not be altered, changed, or amended except by instrument of writing executed by the Parties hereto, with the exception of Exhibit A, which may be adjusted by authorization of the NMTD Tourism Development Division Director. D. Neither Party will be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond the non- performing Party’s control and without such Party’s fault or negligence, such as acts of God, pandemic-related public health orders, acts of civil or military authority, embargoes, epidemics, war, acts of terrorism, riots, insurrections, fires, explosions, earthquakes, floods, loss of power, strikes or lockout. If any Force Majeure condition affects Partner’s ability to perform its obligations, Partner shall give written notice to NMTD, and Partner will offer mutually agreeable amendments to Exhibit A. Until such time as this Agreement is amended, NMTD will withhold payment of award funds as set forth in Exhibit A. E. Partner shall ensure that any activities carried out in accordance with this Agreement conform to all current Public Health Orders and corresponding COVID-Safe Practices. F. The Parties shall not be jointly liable. Neither party shall be responsible for liability incurred as a result of the other party’s acts or omissions in connection with this Agreement. Any liability incurred by either party in connection with this Agreement is subject to the immunities and limitations of the New Mexico Tort Claims Act, §41- 4-1, et seq., XXXX 0000, as amended. G. This Agreement is governed by the laws of the State of New Mexico. H. This Agreement is not intended to and does not create any rights in any persons or entity not a party hereto. I. Any notice required to be given to either party by this Agreement shall be in writing and shall be delivered in person, by courier service, by electronic mail or by U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows: To NMTD: New Mexico Tourism Department Xxxx Xxxxxx, Clean & Beautiful Program Coordinator 000 Xxx Xxxxx Xx Xxxxx | Xxxxx Xx, XX 00000 000-000-0000 | xxxx.xxxxxx@xxxxx.xx.xx To Partner: City of Gallup Xxxxxxx Xxxxxx X.X. Xxx 0000 | Xxxxxx, XX 00000-0000 505-863-1220 | xxxxxxx@xxxxxxxx.xxx Program Manager: Xxxxxxxxx Xxxxxxx Phone: 000-000-0000 Email: xxxxxxxx@xxxxxxxx.xxx J. The individual signing below on behalf of the Partner represents and warrants that he or she has the authority to bind the Partner, and that no further action, resolution or approval from the Partner is necessary to enter into a binding agreement.

Additional Terms & Conditions. A. The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico. If sufficient appropriations and authorization are not made, this Agreement shall terminate upon written notice given by NMTD to the Partner. NMTD’s decision as to whether sufficient appropriations are available shall be accepted by the Partner and shall be final. B. This Agreement shall become effective upon its execution by both Parties and shall terminate on June 30, 20212023. Either party may terminate or seek to further negotiate this Agreement upon ninety (90) days written notice to the other. In the event of termination, neither party may nullify obligations already incurred for performance or failure to perform, prior to the date of termination and any outstanding reimbursements shall be made pro rata. C. A “Force Majeure Event” is defined as an event or effect that can be neither anticipated nor controlled which renders performance of the terms of this Agreement impossible, impracticable, or unsafe, including public health emergencies such as COVID-19. If a Force Majeure Event occurs, the parties’ respective obligations hereunder will be excused fully, without any additional obligation, and each of the parties shall bear its own costs incurred in connection with this Agreement. D. This Agreement shall not be altered, changed, or amended except by instrument of writing executed by the Parties hereto, with the exception of Exhibit A, which may be adjusted by authorization of the NMTD Tourism Development Division Director. D. Neither Party will be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond the non- performing Party’s control and without such Party’s fault or negligence, such as acts of God, pandemic-related public health orders, acts of civil or military authority, embargoes, epidemics, war, acts of terrorism, riots, insurrections, fires, explosions, earthquakes, floods, loss of power, strikes or lockout. If any Force Majeure condition affects Partner’s ability to perform its obligations, Partner shall give written notice to NMTD, and Partner will offer mutually agreeable amendments to Exhibit A. Until such time as this Agreement is amended, NMTD will withhold payment of award funds as set forth in Exhibit A. E. Partner shall ensure that any activities carried out in accordance with this Agreement conform to all current Public Health Orders and corresponding COVID-Safe Practices. F. The Parties shall not be jointly liable. Neither party shall be responsible for liability incurred as a result of the other party’s acts or omissions in connection with this Agreement. Any liability incurred by either party in connection with this Agreement is subject to the immunities and limitations of the New Mexico Tort Claims Act, §41- 41-4-1, et seq., XXXX 0000NMSA 1978, as amended. G. F. This Agreement is governed by the laws of the State of New Mexico. H. G. This Agreement is not intended to and does not create any rights in any persons or entity not a party hereto. I. H. Any notice required to be given to either party Party by this Agreement shall be in writing and shall be delivered in person, by courier service, service or by electronic mail or by mail, facsimile, U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows: To NMTD: New Mexico Tourism Department Xxxx Xxxxxx, Clean & Beautiful Program Coordinator Xxxxxx Xxxxxxx 000 Xxx Xxxxx Xx Xxxxx | Xxxxx Xx, XX 00000 000505-000500-0000 7890 | xxxx.xxxxxx@xxxxx.xx.xx xxxxxx.xxxxxxx@xxxxx.xx.xx To Partner: Xxxxxxx Xxxxxx City of Gallup Xxxxxxx Xxxxxx X.X. Xxx 0000 | Xxxxxx000 X Xxxxx Xxx, XX 00000-0000 505-863-1220 | xxxxxxx@xxxxxxxx.xxx Program Manager: Xxxxxxxxx Xxxxxxx Phone: 000-000-0000 Email: xxxxxxxx@xxxxxxxx.xxxGallup, NM, 87031 xxxxxxx@xxxxxxxx.xxx J. I. The individual signing below on behalf of the Partner represents and warrants that he or she has the authority to bind the Partner, and that no further action, resolution or approval from the Partner is necessary to enter into a binding agreement.

Additional Terms & Conditions. A. The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico. If sufficient appropriations and authorization are not made, this Agreement shall terminate upon written notice given by NMTD to the Partner. NMTD’s decision as to whether sufficient appropriations are available shall be accepted by the Partner and shall be final. B. This Agreement shall become effective upon its execution by both Parties and shall terminate on June 30, 20212020. Either party may terminate or seek to further negotiate this Agreement upon ninety (90) days written notice to the other. In the event of termination, neither party may nullify obligations already incurred for performance or failure to perform, prior to the date of termination and any outstanding reimbursements shall be made pro rata. C. This Agreement shall not be altered, changed, or amended except by instrument of writing executed by the Parties hereto, with the exception of Exhibit A, which may be adjusted by authorization of the NMTD Tourism Development Division Director. D. Neither Party will be deemed in default of this Agreement to the extent that any delay or failure in the performance of Partner shall fully indemnify, defend and hold NMTD, its obligations results officers, agents and employees harmless from any cause beyond the non- performing Party’s control and without such Party’s fault liability, losses or negligence, such as acts of God, pandemic-related public health orders, acts of civil or military authority, embargoes, epidemics, war, acts of terrorism, riots, insurrections, fires, explosions, earthquakes, floods, loss of power, strikes or lockout. If any Force Majeure condition affects Partner’s ability to perform its obligations, Partner shall give written notice to NMTD, and Partner will offer mutually agreeable amendments to Exhibit A. Until such time as this Agreement is amended, NMTD will withhold payment of award funds as set forth in Exhibit A. E. Partner shall ensure damages that any activities carried out in accordance with this Agreement conform to all current Public Health Orders and corresponding COVID-Safe Practices. F. The Parties shall not be jointly liable. Neither party shall be responsible for liability incurred it may suffer as a result of the other party’s acts claims, suits, demands, costs or omissions judgments against Partner or NMTD that directly or indirectly result from or arise in connection with the activities to be carried out pursuant of this Agreement. Any liability incurred by either party in connection with this Agreement is subject to the immunities and limitations of the New Mexico Tort Claims Act, §41- 4-1, et seq., XXXX 0000, as amended. G. E. This Agreement is governed by the laws of the State of New Mexico. H. F. This Agreement is not intended to and does not create any rights in any persons or entity not a party hereto. I. G. Any notice required to be given to either party Party by this Agreement shall be in writing and shall be delivered in person, by courier service, service or by electronic mail or by mail, facsimile, U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows: To NMTD: New Mexico Tourism Department Xxxx Xxxxxx, Clean Xxxxxx X. Xxxxxxxx Brand Development & Beautiful Program Coordinator Marketing Specialist 000 Xxx Xxxxx Xx Xxxxx | Xxxxx Xx, XX 00000 000505-000795-0000 0108 | xxxx.xxxxxx@xxxxx.xx.xx xxxxxx.xxxxxxxx@xxxxx.xx.xx To Partner: Xxxxxxxx Xxxxxx City of Gallup Xxxxxxx 000 X Xxxxx Xxxxxx X.X. Xxx 0000 | Xxxxxx, XX 00000-0000 505-863-1220 00000 5057644444 | xxxxxxx@xxxxxxxx.xxx Program Manager: Xxxxxxxxx Xxxxxxx Phone: 000-000-0000 Email: xxxxxxxx@xxxxxxxx.xxxxxxxxxxx@xxxxx000.xxx J. H. The individual signing below on behalf of the Partner represents and warrants that he or she has the authority to bind the Partner, and that no further action, resolution or approval from the Partner is necessary to enter into a binding agreement.

Additional Terms & Conditions. A. The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico. If sufficient appropriations and authorization are not made, this Agreement shall terminate upon written notice given by NMTD to the Partner. NMTD’s decision as to whether sufficient appropriations are available shall be accepted by the Partner and shall be final. B. This Agreement shall become effective upon its execution by both Parties and shall terminate on June 30, 20212020. Either party may terminate or seek to further negotiate this Agreement upon ninety (90) days written notice to the other. In the event of termination, neither party may nullify obligations already incurred for performance or failure to perform, prior to the date of termination and any outstanding reimbursements shall be made pro rata. C. This Agreement shall not be altered, changed, or amended except by instrument of writing executed by the Parties hereto, with the exception of Exhibit A, which may be adjusted by authorization of the NMTD Tourism Development Division Director. D. Neither Party will be deemed in default of this Agreement to the extent that any delay or failure in the performance of Partner shall fully indemnify, defend and hold NMTD, its obligations results officers, agents and employees harmless from any cause beyond the non- performing Party’s control and without such Party’s fault liability, losses or negligence, such as acts of God, pandemic-related public health orders, acts of civil or military authority, embargoes, epidemics, war, acts of terrorism, riots, insurrections, fires, explosions, earthquakes, floods, loss of power, strikes or lockout. If any Force Majeure condition affects Partner’s ability to perform its obligations, Partner shall give written notice to NMTD, and Partner will offer mutually agreeable amendments to Exhibit A. Until such time as this Agreement is amended, NMTD will withhold payment of award funds as set forth in Exhibit A. E. Partner shall ensure damages that any activities carried out in accordance with this Agreement conform to all current Public Health Orders and corresponding COVID-Safe Practices. F. The Parties shall not be jointly liable. Neither party shall be responsible for liability incurred it may suffer as a result of the other party’s acts claims, suits, demands, costs or omissions judgments against Partner or NMTD that directly or indirectly result from or arise in connection with the activities to be carried out pursuant of this Agreement. Any liability incurred by either party in connection with this Agreement is subject to the immunities and limitations of the New Mexico Tort Claims Act, §41- 4-1, et seq., XXXX 0000, as amended. G. E. This Agreement is governed by the laws of the State of New Mexico. H. F. This Agreement is not intended to and does not create any rights in any persons or entity not a party hereto. I. G. Any notice required to be given to either party Party by this Agreement shall be in writing and shall be delivered in person, by courier service, service or by electronic mail or by mail, facsimile, U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows: To NMTD: New Mexico Tourism Department Xxxx Xxxxxx, Clean Xxxxxx X. Xxxxxxxx Brand Development & Beautiful Program Coordinator Marketing Specialist 000 Xxx Xxxxx Xx Xxxxx | Xxxxx Xx, XX 00000 505-795-0108 | xxxxxx.xxxxxxxx@xxxxx.xx.xx To Partner: XxxxXxx Xxxxxx City of Gallup 000 X Xxxxx Xxxxxx Xxxxxx, XX 00000 000-000-0000 | xxxx.xxxxxx@xxxxx.xx.xx To Partner: City of Gallup Xxxxxxx Xxxxxx X.X. Xxx 0000 | Xxxxxx, XX 00000-0000 505-863-1220 | xxxxxxx@xxxxxxxx.xxx Program Manager: Xxxxxxxxx Xxxxxxx Phone: 000-000-0000 Email: xxxxxxxx@xxxxxxxx.xxxxxxxxxx@xxxxxxxx.xxx J. H. The individual signing below on behalf of the Partner represents and warrants that he or she has the authority to bind the Partner, and that no further action, resolution or approval from the Partner is necessary to enter into a binding agreement.

Additional Terms & Conditions. A. The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico. If sufficient appropriations and authorization are not made, this Agreement shall terminate upon written notice given by NMTD to the Partner. NMTD’s decision as to whether sufficient appropriations are available shall be accepted by the Partner and shall be final. B. This Agreement shall become effective upon its execution by both Parties and shall terminate on June 30, 2021. Either party may terminate or seek to further negotiate this Agreement upon ninety (90) days written notice to the other. In the event of termination, neither party may nullify obligations already incurred for performance or failure to perform, prior to the date of termination and any outstanding reimbursements shall be made pro rata. C. A “Force Majeure Event” is defined as an event or effect that can be neither anticipated nor controlled which renders performance of the terms of this Agreement impossible, impracticable, or unsafe, including public health emergencies such as COVID-19. If a Force Majeure Event occurs, the parties’ respective obligations hereunder will be excused fully, without any additional obligation, and each of the parties shall bear its own costs incurred in connection with this Agreement. D. This Agreement shall not be altered, changed, or amended except by instrument of writing executed by the Parties hereto, with the exception of Exhibit A, which may be adjusted by authorization of the NMTD Tourism Development Division Director. D. Neither Party will be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond the non- performing Party’s control and without such Party’s fault or negligence, such as acts of God, pandemic-related public health orders, acts of civil or military authority, embargoes, epidemics, war, acts of terrorism, riots, insurrections, fires, explosions, earthquakes, floods, loss of power, strikes or lockout. If any Force Majeure condition affects Partner’s ability to perform its obligations, Partner shall give written notice to NMTD, and Partner will offer mutually agreeable amendments to Exhibit A. Until such time as this Agreement is amended, NMTD will withhold payment of award funds as set forth in Exhibit A. E. Partner shall ensure fully indemnify, defend and hold NMTD, its officers, agents and employees harmless from any liability, losses or damages that any activities carried out in accordance with this Agreement conform to all current Public Health Orders and corresponding COVID-Safe Practices. F. The Parties shall not be jointly liable. Neither party shall be responsible for liability incurred it may suffer as a result of the other party’s acts claims, suits, demands, costs or omissions judgments against Partner or NMTD that directly or indirectly result from or arise in connection with the activities to be carried out pursuant of this Agreement. Any liability incurred by either party in connection with this Agreement is subject to the immunities and limitations of the New Mexico Tort Claims Act, §41- 4-1, et seq., XXXX 0000, as amended. G. F. This Agreement is governed by the laws of the State of New Mexico. H. G. This Agreement is not intended to and does not create any rights in any persons or entity not a party hereto. I. H. Any notice required to be given to either party Party by this Agreement shall be in writing and shall be delivered in person, by courier service, service or by electronic mail or by mail, facsimile, U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows: To NMTD: New Mexico Tourism Department Xxxx Xxxxxx, Clean & Beautiful Program Coordinator Xxxxxx X. Xxxxxxxx 000 Xxx Xxxxx Xx Xxxxx | Xxxxx Xx, XX 00000 000505-000795-0000 0108 | xxxx.xxxxxx@xxxxx.xx.xx xxxxxx.xxxxxxxx@xxxxx.xx.xx To Partner: City of Gallup Xxxxxxxx Xxxxxx for Xxxxxxx Xxxxxx X.X. Xxx 0000 000 X Xxxxx Xxx. | Xxxxxx, XX 0000000000 815-0000 505953-863-1220 6379 | xxxxxxx@xxxxxxxx.xxx Program Manager: Xxxxxxxxx Xxxxxxx Phone: 000-000-0000 Email: xxxxxxxx@xxxxxxxx.xxxxxxxxxx@xxxxxxxx.xxx J. I. The individual signing below on behalf of the Partner represents and warrants that he or she has the authority to bind the Partner, and that no further action, resolution or approval from the Partner is necessary to enter into a binding agreement.

Additional Terms & Conditions. A. The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico. If sufficient appropriations and authorization are not made, this Agreement shall terminate upon written notice given by NMTD to the Partner. NMTD’s decision as to whether sufficient appropriations are available shall be accepted by the Partner and shall be final. B. This Agreement shall become effective upon its execution by both Parties and shall terminate on June 30, 20212023. Either party may terminate or seek to further negotiate this Agreement upon ninety (90) days written notice to the other. In the event of termination, neither party may nullify obligations already incurred for performance or failure to perform, prior to the date of termination and any outstanding reimbursements shall be made pro rata. C. A “Force Majeure Event” is defined as an event or effect that can be neither anticipated nor controlled which renders performance of the terms of this Agreement impossible, impracticable, or unsafe, including public health emergencies such as COVID-19. If a Force Majeure Event occurs, the parties’ respective obligations hereunder will be excused fully, without any additional obligation, and each of the parties shall bear its own costs incurred in connection with this Agreement. D. This Agreement shall not be altered, changed, or amended except by instrument of writing executed by the Parties hereto, with the exception of Exhibit A, which may be adjusted by authorization of the NMTD Tourism Development Division Director. D. Neither Party will be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond the non- performing Party’s control and without such Party’s fault or negligence, such as acts of God, pandemic-related public health orders, acts of civil or military authority, embargoes, epidemics, war, acts of terrorism, riots, insurrections, fires, explosions, earthquakes, floods, loss of power, strikes or lockout. If any Force Majeure condition affects Partner’s ability to perform its obligations, Partner shall give written notice to NMTD, and Partner will offer mutually agreeable amendments to Exhibit A. Until such time as this Agreement is amended, NMTD will withhold payment of award funds as set forth in Exhibit A. E. Partner shall ensure that any activities carried out in accordance with this Agreement conform to all current Public Health Orders and corresponding COVID-Safe Practices. F. The Parties shall not be jointly liable. Neither party shall be responsible for liability incurred as a result of the other party’s acts or omissions in connection with this Agreement. Any liability incurred by either party in connection with this Agreement is subject to the immunities and limitations of the New Mexico Tort Claims Act, §41- 41-4-1, et seq., XXXX 0000NMSA 1978, as amended. G. F. This Agreement is governed by the laws of the State of New Mexico. H. G. This Agreement is not intended to and does not create any rights in any persons or entity not a party hereto. I. H. Any notice required to be given to either party Party by this Agreement shall be in writing and shall be delivered in person, by courier service, service or by electronic mail or by mail, facsimile, U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows: To NMTD: New Mexico Tourism Department Xxxx Xxxxxx, Clean & Beautiful Program Coordinator Xxxxxx Xxxxxxx 000 Xxx Xxxxx Xx Xxxxx | Xxxxx Xx, XX 00000 000505-000500-0000 7890 | xxxx.xxxxxx@xxxxx.xx.xx xxxxxx.xxxxxxx@xxxxx.xx.xx To Partner: City Xxxxxxxxxx Xxxxxxx Town of Gallup Xxxxxxx Xxxxxx X.X. Taos 000 Xxx 0000 | XxxxxxXx Xx Xxxxxxx, XX 00000-0000 505-863-1220 | xxxxxxx@xxxxxxxx.xxx Program Manager: Xxxxxxxxx Xxxxxxx Phone: 000-000-0000 Email: xxxxxxxx@xxxxxxxx.xxxXxxx, XX, 00000 xxxxxxxx@xxxxxxx.xxx J. I. The individual signing below on behalf of the Partner represents and warrants that he or she has the authority to bind the Partner, and that no further action, resolution or approval from the Partner is necessary to enter into a binding agreement.

Additional Terms & Conditions. A. The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico. If sufficient appropriations and authorization are not made, this Agreement shall terminate upon written notice given by NMTD to the Partner. NMTD’s decision as to whether sufficient appropriations are available shall be accepted by the Partner and shall be final. B. This Agreement shall become effective upon its execution by both Parties and shall terminate on June 30, 20212022. Either party may terminate or seek to further negotiate this Agreement upon ninety (90) days written notice to the other. In the event of termination, neither party may nullify obligations already incurred for performance or failure to perform, prior to the date of termination and any outstanding reimbursements shall be made pro rata. C. A “Force Majeure Event” is defined as an event or effect that can be neither anticipated nor controlled which renders performance of the terms of this Agreement impossible, impracticable, or unsafe, including public health emergencies such as COVID-19. If a Force Majeure Event occurs, the parties’ respective obligations hereunder will be excused fully, without any additional obligation, and each of the parties shall bear its own costs incurred in connection with this Agreement. D. This Agreement shall not be altered, changed, or amended except by instrument of writing executed by the Parties hereto, with the exception of Exhibit A, which may be adjusted by authorization of the NMTD Tourism Development Division Director. D. Neither Party will be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond the non- performing Party’s control and without such Party’s fault or negligence, such as acts of God, pandemic-related public health orders, acts of civil or military authority, embargoes, epidemics, war, acts of terrorism, riots, insurrections, fires, explosions, earthquakes, floods, loss of power, strikes or lockout. If any Force Majeure condition affects Partner’s ability to perform its obligations, Partner shall give written notice to NMTD, and Partner will offer mutually agreeable amendments to Exhibit A. Until such time as this Agreement is amended, NMTD will withhold payment of award funds as set forth in Exhibit A. E. Partner shall ensure that any activities carried out in accordance with this Agreement conform to all current Public Health Orders and corresponding COVID-Safe Practices. F. The Parties shall not be jointly liable. Neither party shall be responsible for liability incurred as a result of the other party’s acts or omissions in connection with this Agreement. Any liability incurred by either party in connection with this Agreement is subject to the immunities and limitations of the New Mexico Tort Claims ActXxxxxx Xxx, §41- 400-10-0, et seq., XXXX 0000, as amended. G. F. This Agreement is governed by the laws of the State of New Mexico. H. G. This Agreement is not intended to and does not create any rights in any persons or entity not a party hereto. I. H. Any notice required to be given to either party Party by this Agreement shall be in writing and shall be delivered in person, by courier service, service or by electronic mail or by mail, facsimile, U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows: To NMTD: Xxxxxx X. Xxxxxxxx New Mexico Tourism Department Xxxx Xxxxxx, Clean & Beautiful Program Coordinator 000 Xxx Xxxxx Xx Xxxxx | Xxxxx Xx, XX 00000 000-000-0000 | xxxx.xxxxxx@xxxxx.xx.xx xxxxxx.xxxxxxxx@xxxxx.xx.xx To Partner: Xxxxxxxx Xxxxxx City of Gallup Xxxxxxx Xxxxxx X.X. Xxx 0000 | Xxxxxx, XX 00000-0000 505-863-1220 1227 | xxxxxxx@xxxxxxxx.xxx Program Manager: Xxxxxxxxx Xxxxxxx Phone: 000-000-0000 Email: xxxxxxxx@xxxxxxxx.xxxxxxxxxx@xxxxxxxx.xxx J. I. The individual signing below on behalf of the Partner represents and warrants that he or she has the authority to bind the Partner, and that no further action, resolution or approval from the Partner is necessary to enter into a binding agreement.

Additional Terms & Conditions. A. The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico. If sufficient appropriations and authorization are not made, this Agreement shall terminate upon written notice given by NMTD to the Partner. NMTD’s decision as to whether sufficient appropriations are available shall be accepted by the Partner and shall be final. B. This Agreement shall become effective upon its execution by both Parties and shall terminate on June 30, 20212022. Either party may terminate or seek to further negotiate this Agreement upon ninety (90) days written notice to the other. In the event of termination, neither party may nullify obligations already incurred for performance or failure to perform, prior to the date of termination and any outstanding reimbursements shall be made pro rata. C. A “Force Majeure Event” is defined as an event or effect that can be neither anticipated nor controlled which renders performance of the terms of this Agreement impossible, impracticable, or unsafe, including public health emergencies such as COVID-19. If a Force Majeure Event occurs, the parties’ respective obligations hereunder will be excused fully, without any additional obligation, and each of the parties shall bear its own costs incurred in connection with this Agreement. D. This Agreement shall not be altered, changed, or amended except by instrument of writing executed by the Parties hereto, with the exception of Exhibit A, which may be adjusted by authorization of the NMTD Tourism Development Division Director. D. Neither Party will be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond the non- performing Party’s control and without such Party’s fault or negligence, such as acts of God, pandemic-related public health orders, acts of civil or military authority, embargoes, epidemics, war, acts of terrorism, riots, insurrections, fires, explosions, earthquakes, floods, loss of power, strikes or lockout. If any Force Majeure condition affects Partner’s ability to perform its obligations, Partner shall give written notice to NMTD, and Partner will offer mutually agreeable amendments to Exhibit A. Until such time as this Agreement is amended, NMTD will withhold payment of award funds as set forth in Exhibit A. E. Partner shall ensure that any activities carried out in accordance with this Agreement conform to all current Public Health Orders and corresponding COVID-Safe Practices. F. The Parties shall not be jointly liable. Neither party shall be responsible for liability incurred as a result of the other party’s acts or omissions in connection with this Agreement. Any liability incurred by either party in connection with this Agreement is subject to the immunities and limitations of the New Mexico Tort Claims ActXxxxxx Xxx, §41- 400-10-0, et seq., XXXX 0000, as amended. G. F. This Agreement is governed by the laws of the State of New Mexico. H. G. This Agreement is not intended to and does not create any rights in any persons or entity not a party hereto. I. H. Any notice required to be given to either party Party by this Agreement shall be in writing and shall be delivered in person, by courier service, service or by electronic mail or by mail, facsimile, U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows: To NMTD: Xxxxxx X. Xxxxxxxx New Mexico Tourism Department Xxxx Xxxxxx, Clean & Beautiful Program Coordinator 000 Xxx Xxxxx Xx Xxxxx | Xxxxx Xx, XX 00000 000-000-0000 | xxxx.xxxxxx@xxxxx.xx.xx xxxxxx.xxxxxxxx@xxxxx.xx.xx To Partner: City Xxxxxx Xxxxxx Town of Gallup Xxxxxxx Xxxxxx X.X. Xxx 0000 | Xxxxxx, XX 00000-0000 505-863-1220 | xxxxxxx@xxxxxxxx.xxx Program Manager: Xxxxxxxxx Xxxxxxx Phone: Taos 000-000-0000 Email: xxxxxxxx@xxxxxxxx.xxx| xxxxxxx@xxxxxxx.xxx J. I. The individual signing below on behalf of the Partner represents and warrants that he or she has the authority to bind the Partner, and that no further action, resolution or approval from the Partner is necessary to enter into a binding agreement.