Common use of Major Emergencies or Disasters Clause in Contracts

Major Emergencies or Disasters. The following provision shall be in effect only during major emergencies or disasters when the City has activated its Emergency Operations Center and the Vendor has been given notice by the City that such activation has occurred. The City is committed to preparing thoroughly for any major emergency or disaster situation. As part of its commitment, the City is contracting with the Vendor under the following terms and conditions: Vendor shall provide to the City, upon the City’s request, such goods and/or services at such time as the City determines. In the event the Vendor is unable to meet the delivery date commitment due to circumstances beyond the reasonable control of the Vendor, the Vendor shall make such delivery as soon as practicable. If the Vendor is prevented from making such delivery to the requested delivery location due to circumstances beyond its reasonable control, the Vendor shall immediately assist the City in whatever manner is reasonable to gain access to such goods and/or services. In the event that the Vendor is unable to provide such goods and/or services as requested by the City, the Vendor may offer to the City limited substitutions for its consideration and shall provide such substitutions to the City as required above, provided the Vendor has obtained prior approval from the City for such substitution. The Vendor shall charge the City the price determined in this Agreement for the goods and services provided, and if no price has been determined, it shall charge the City a price that is normally charged for such goods and/or services (such as listed prices for items in stock). In the event that the City’s request results in the Vendor incurring unavoidable additional costs and causes the Vendor to increase prices in order to obtain a fair rate of return, the Vendor shall charge the City a price not to exceed the cost/profit formula found in this Agreement. The Vendor acknowledges that the City is procuring such goods and/or services for the benefit of the public. The Vendor, in support of public good purposes, shall consider the City as a customer of first priority and shall make its best effort to provide to the City the requested goods and/or services in a timely manner. For purposes of this Agreement, a “major emergency” or “disaster” shall include, but is not limited to a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, loss of any utility service, fire, terrorist activity or any combination of the above.

Appears in 13 contracts

Samples: Vendor Contract, Vendor Contract, Vendor Agreement

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Major Emergencies or Disasters. The following provision shall be in effect only during major emergencies or disasters when the City has activated its Emergency Operations Center and the Vendor Contractor has been given notice by the City that such activation has occurred. The City is committed to preparing thoroughly for any major emergency or disaster situation. As part of its commitment, the City is contracting with the Vendor Contractor under the following terms and conditions: Vendor Contractor shall provide to the City, upon the City’s request, such goods and/or services at such time as the City determines. In the event the Vendor Contractor is unable to meet the delivery date commitment due to circumstances beyond the reasonable control of the VendorContractor, the Vendor Contractor shall make such delivery as soon as practicable. If the Vendor Contractor is prevented from making such delivery to the requested delivery location due to circumstances beyond its reasonable control, the Vendor Contractor shall immediately assist the City in whatever manner is reasonable to gain access to such goods and/or services. In the event that the Vendor Contractor is unable to provide such goods and/or services as requested by the City, the Vendor Contractor may offer to the City limited substitutions for its consideration and shall provide such substitutions to the City as required above, provided the Vendor Contractor has obtained prior approval from the City for such substitution. The Vendor Contractor shall charge the City the price determined in this Agreement Purchase Order/Vendor Contract for the goods and services provided, and if no price has been determined, it shall charge the City a price that is normally charged for such goods and/or services (such as listed prices for items in stock). In the event that the City’s request results in the Vendor Contractor incurring unavoidable additional costs and causes the Vendor Contractor to increase prices in order to obtain a fair rate of return, the Vendor Contractor shall charge the City a price not to exceed the cost/profit formula found in this AgreementPurchase Order/Vendor Contract. The Vendor Contractor acknowledges that the City is procuring such goods and/or services for the benefit of the public. The VendorContractor, in support of public good purposes, shall consider the City as a customer of first priority and shall make its best effort to provide to the City the requested goods and/or services in a timely manner. For purposes of this AgreementPurchase Order/Vendor Contract, a “major emergency” or “disaster” shall include, but is not limited to a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, loss of any utility service, fire, terrorist activity or any combination of the above.

Appears in 13 contracts

Samples: Purchase Order/Vendor Contract, Vendor Contract, Vendor Contract

Major Emergencies or Disasters. The following provision shall be in effect only during major emergencies or disasters when the City has activated its Emergency Operations Center and the Vendor Contractor has been given notice by the City that such activation has occurred. The City is committed to preparing thoroughly for any major emergency or disaster situation. As part of its commitment, the City is contracting with the Vendor Contractor under the following terms and conditions: Vendor Contractor shall provide to the City, upon the City’s request, such goods and/or services at such time as the City determines. In the event the Vendor Contractor is unable to meet the delivery date commitment due to circumstances beyond the reasonable control of the VendorContractor, the Vendor Contractor shall make such delivery as soon as practicable. If the Vendor Contractor is prevented from making such delivery to the requested delivery location due to circumstances beyond its reasonable control, the Vendor Contractor shall immediately assist the City in whatever manner is reasonable to gain access to such goods and/or services. In the event that the Vendor Contractor is unable to provide such goods and/or services as requested by the City, the Vendor Contractor may offer to the City limited substitutions for its consideration and shall provide such substitutions to the City as required above, provided the Vendor Contractor has obtained prior approval from the City for such substitution. The Vendor Contractor shall charge the City the price determined in this Agreement Contract for the goods and services provided, and if no price has been determined, it shall charge the City a price that is normally charged for such goods and/or services (such as listed prices for items in stock). In the event that the City’s request results in the Vendor Contractor incurring unavoidable additional costs and causes the Vendor Contractor to increase prices in order to obtain a fair rate of return, the Vendor Contractor shall charge the City a price not to exceed the cost/profit formula found in this AgreementContract. The Vendor Contractor acknowledges that the City is procuring such goods and/or services for the benefit of the public. The VendorContractor, in support of public good purposes, shall consider the City as a customer of first priority and shall make its best effort to provide to the City the requested goods and/or services in a timely manner. For purposes of this AgreementContract, a “major emergency” or “disaster” shall include, but is not limited to a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, loss of any utility service, fire, terrorist activity or any combination of the above.

Appears in 12 contracts

Samples: On Call Graffiti Removal Services, Blanket Contract, Change Order

Major Emergencies or Disasters. The following provision shall be in effect only during major emergencies or disasters when the City has activated its Emergency Operations Center and the Vendor Contractor has been given notice by the City that such activation has occurred. The City is committed to preparing thoroughly for any major emergency or disaster situation. As part of its commitment, the City is contracting with the Vendor Contractor under the following terms and conditions: Vendor Contractor shall provide to the City, upon the City’s request, such goods and/or services at such time as the City determines. In the event the Vendor Contractor is unable to meet the delivery date commitment due to circumstances beyond the reasonable control of the VendorContractor, the Vendor Contractor shall make such delivery as soon as practicable. If the Vendor Contractor is prevented from making such delivery to the requested delivery location due to circumstances beyond its reasonable control, the Vendor Contractor shall immediately assist the City in whatever manner is reasonable to gain access to such goods and/or services. In the event that the Vendor Contractor is unable to provide such goods and/or services as requested by the City, the Vendor Contractor may offer to the City limited substitutions for its consideration and shall provide such substitutions to the City as required above, provided the Vendor Contractor has obtained prior approval from the City for such substitution. The Vendor Contractor shall charge the City the price determined in this Agreement Vendor Contract for the goods and services provided, and if no price has been determined, it shall charge the City a price that is normally charged for such goods and/or services (such as listed prices for items in stock). In the event that the City’s request results in the Vendor Contractor incurring unavoidable additional costs and causes the Vendor Contractor to increase prices in order to obtain a fair rate of return, the Vendor Contractor shall charge the City a price not to exceed the cost/profit formula found in this AgreementVendor Contract. The Vendor Contractor acknowledges that the City is procuring such goods and/or services for the benefit of the public. The VendorContractor, in support of public good purposes, shall consider the City as a customer of first priority and shall make its best effort to provide to the City the requested goods and/or services in a timely manner. For purposes of this AgreementVendor Contract, a “major emergency” or “disaster” shall include, but is not limited to a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, loss of any utility service, fire, terrorist activity or any combination of the above.

Appears in 5 contracts

Samples: Vendor Contract, Vendor Agreement, Vendor Contract

Major Emergencies or Disasters. The following provision shall be in effect only during major emergencies or disasters when the City has activated its Emergency Operations Center and the Vendor has been given notice by the City that such activation has occurred. The City is committed to preparing thoroughly for any major emergency or disaster situation. As part of its commitment, the City is contracting with the Vendor under the following terms and conditions: Vendor shall provide to the City, upon the City’s request, such goods and/or services at such time as the City determines. In the event the Vendor is unable to meet the delivery date commitment due to circumstances beyond the reasonable control of the Vendor, the Vendor shall make such delivery as soon as practicable. If the Vendor is prevented from making such delivery to the requested delivery location due to circumstances beyond its reasonable control, the Vendor shall immediately assist the City in whatever manner is reasonable to gain access to such goods and/or services. In the event that the Vendor is unable to provide such goods and/or services as requested by the City, the Vendor may offer to the City limited substitutions for its consideration and shall provide such substitutions to the City as required above, provided the Vendor has obtained prior approval from the City for such substitution. The Vendor shall charge the City the price determined in this Agreement Vendor Contract for the goods and services provided, and if no price has been determined, it shall charge the City a price that is normally charged for such goods and/or services (such as listed prices for items in stock). In the event that the City’s request results in the Vendor incurring unavoidable additional costs and causes the Vendor to increase prices in order to obtain a fair rate of return, the Vendor shall charge the City a price not to exceed the cost/profit formula found in this AgreementVendor Contract. The Vendor acknowledges that the City is procuring such goods and/or services for the benefit of the public. The Vendor, in support of public good purposes, shall consider the City as a customer of first priority and shall make its best effort to provide to the City the requested goods and/or services in a timely manner. For purposes of this AgreementVendor Contract, a “major emergency” or “disaster” shall include, but is not limited to a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, loss of any utility service, fire, terrorist activity or any combination of the above.

Appears in 4 contracts

Samples: Vendor Contract, Vendor Contract, Vendor Contract

Major Emergencies or Disasters. The City may undergo an emergency or disaster that may require the Vendor to either increase or decrease quantities from normal deliveries, or that may disrupt the Vendor’s ability to provide normal performance. Such events may include, but are not limited to, a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, loss of any utility service, fire, terrorist activity or any combination of the above. In such events, the following provision shall be in effect only during major emergencies or disasters when apply. The City shall notify the Vendor that the City has activated its Emergency Operations Center is experiencing an emergency or disaster, and will request emergency and priority services from the Vendor has been given Vendor. Upon such notice by the City that such activation has occurred. The City is committed to preparing thoroughly for any major emergency or disaster situation. As part of its commitmentCity, the City is contracting with the Vendor under the following terms and conditions: Vendor shall provide to the City, upon the City’s request, such City goods and/or services at such time as in the quantities and schedule specified by the City, following the conditions named in this Section. The City of Seattle shall be the customer of first priority for the Vendor. The Vendor shall provide its best and priority efforts to provide the requested goods and/or services to the City determinesof The City in as complete and timely manner as possible. In Such efforts by the event Vendor are not to be diminished as a result of Vendor providing service to other customers. If the Vendor is unable to meet respond in the delivery date commitment due to circumstances beyond time and/or quantities requested by the reasonable control of the VendorCity, the Vendor shall make such delivery as soon as practicablepractical. If the Vendor is prevented from making such delivery to the requested delivery location due to circumstances beyond its reasonable control, the The Vendor shall immediately assist the City in whatever manner is reasonable to the extent reasonable, to gain access to such goods and/or services. In This may include: Coordinating with other distributors or subsidiaries beyond those in the event that the Vendor is unable local region to provide such goods and/or services as requested by the City, the Vendor may offer to fulfill order requests; Offering the City limited substitutions for its consideration and shall provide such substitutions to the City as required above, provided the Vendor has obtained obtains prior approval from the City for such substitution. The Vendor shall charge the City the price determined in this Agreement Contract for the goods and services provided, and if no price has been determined, it shall charge the City a price that is normally charged for such goods and/or services (such as listed prices for items in stock). In However, in the event that the City’s request results in the Vendor incurring unavoidable additional costs and causes the Vendor to increase prices in order to obtain a fair rate of return, the Vendor shall charge the City a price not to exceed the cost/profit formula found in this Agreement. The Vendor acknowledges that the City is procuring such goods and/or services for the benefit of the public. The Vendor, in support of public good purposes, shall consider the City as a customer of first priority and shall make its best effort to provide to the City the requested goods and/or services in a timely manner. For purposes of this Agreement, a “major emergency” or “disaster” shall include, but is not limited to a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, loss of any utility service, fire, terrorist activity or any combination of the aboveContract.

Appears in 3 contracts

Samples: Vendor Contract, Vendor Contract, Contract for Scada System Support

Major Emergencies or Disasters. The following provision shall be in effect only during major emergencies or disasters when the City has activated its Emergency Operations Center and the Vendor Supplier has been given notice by the City that such activation has occurred. The City is committed to preparing thoroughly for any major emergency or disaster situation. As part of its commitment, the City is contracting with the Vendor Supplier under the following terms and conditions: Vendor Supplier shall provide to the City, upon the City’s request, such goods and/or services at such time as the City determines. In the event the Vendor Supplier is unable to meet the delivery date commitment due to circumstances beyond the reasonable control of the VendorSupplier, the Vendor Supplier shall make such delivery as soon as practicable. If the Vendor Supplier is prevented from making such delivery to the requested delivery location due to circumstances beyond its reasonable control, the Vendor Supplier shall immediately assist the City in whatever manner is reasonable to gain access to such goods and/or services. In the event that the Vendor Supplier is unable to provide such goods and/or services as requested by the City, the Vendor Supplier may offer to the City limited substitutions for its consideration and shall provide such substitutions to the City as required above, provided the Vendor Supplier has obtained prior approval from the City for such substitution. The Vendor Supplier shall charge the City the price determined in this Agreement for the goods and services provided, and if no price has been determined, it shall charge the City a price that is normally charged for such goods and/or services (such as listed prices for items in stock). In the event that the City’s request results in the Vendor Supplier incurring unavoidable additional costs and causes the Vendor Supplier to increase prices in order to obtain a fair rate of return, the Vendor Supplier shall charge the City a price not to exceed the cost/profit formula found in this Agreement. The Vendor Supplier acknowledges that the City is procuring such goods and/or services for the benefit of the public. The VendorSupplier, in support of public good purposes, shall consider the City as a customer of first priority and shall make its best effort to provide to the City the requested goods and/or services in a timely manner. For purposes of this Agreement, a “major emergency” or “disaster” shall include, but is not limited to a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, loss of any utility service, fire, terrorist activity or any combination of the above.

Appears in 1 contract

Samples: Vendor Contract

Major Emergencies or Disasters. The City may undergo an emergency or diasaster that may require the Contractor to either increase or decrease quantities from normal deliveries, or that may disrupt the Contractor’s ability to provide normal performance. Such events may include, but are not limited to, a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, loss of any utility service, fire, terrorist activity or any combination of the above. In such events, the following provision shall be in effect only during major emergencies or disasters when apply. The City shall notify the Contractor that the City has activated its Emergency Operations Center is experiencing an emergency or disaster, and will request emergency and priority services from the Vendor has been given Contractor. Upon such notice by the City that such activation has occurred. The City is committed to preparing thoroughly for any major emergency or disaster situation. As part of its commitmentCity, the City is contracting with the Vendor under the following terms and conditions: Vendor Contractor shall provide to the City, upon the City’s request, such City goods and/or services at such time as in the quantities and schedule specified by the City, following the conditions named in this Section. The City of Seattle shall be the customer of first priority for the Contractor. The Contractor shall provide its best and priority efforts to provide the requested goods and/or services to the City determinesof Seattle in as complete and timely manner as possible. In Such efforts by the event Contractor are not to be diminished as a result of Contractor providing service to other customers. If the Vendor Contractor is unable to meet respond in the delivery date commitment due to circumstances beyond time and/or quantities requested by the reasonable control of the VendorCity, the Vendor Contractor shall make such delivery as soon as practicablepractical. If the Vendor is prevented from making such delivery to the requested delivery location due to circumstances beyond its reasonable control, the Vendor The Contractor shall immediately assist the City in whatever manner is reasonable to the extent reasonable, to gain access to such goods and/or services. In This may include: Coordinating with other distributors or subsidiaries beyond those in the event that the Vendor is unable local region to provide such goods and/or services as requested by the City, the Vendor may offer to fulfill order requests; Offering the City limited substitutions for its consideration and shall provide such substitutions to the City as required abovesubstitutions, provided the Vendor has obtained Contractor obtains prior approval from the City for such substitution. The Vendor Contractor shall charge the City the price determined in this Agreement Contract for the goods and services provided, and if no price has been determined, it shall charge the City a price that is normally charged for such goods and/or services (such as listed prices for items in stock). In However, in the event that the City’s request results in the Vendor Contractor incurring unavoidable additional costs and causes the Vendor Contractor to increase prices in order to obtain a fair rate of return, the Vendor Contractor shall charge the City a price not to exceed the cost/profit formula found in this Agreement. The Vendor acknowledges that the City is procuring such goods and/or services for the benefit of the public. The Vendor, in support of public good purposes, shall consider the City as a customer of first priority and shall make its best effort to provide to the City the requested goods and/or services in a timely manner. For purposes of this Agreement, a “major emergency” or “disaster” shall include, but is not limited to a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, loss of any utility service, fire, terrorist activity or any combination of the aboveContract.

Appears in 1 contract

Samples: Vendor Contract

Major Emergencies or Disasters. The following provision shall be in effect only during In the event of a major emergencies emergency or disasters disaster when the City has activated its Emergency Operations Center and notifies the Vendor has been given notice by the City that Contractor of such activation has occurred. The City is committed activation, then Contractor agrees to preparing thoroughly for any major emergency or disaster situation. As part of use its commitment, the City is contracting with the Vendor under the following terms and conditions: Vendor shall best efforts to provide to the City, upon the City’s request, such goods and/or services at such time as the City determinesmay request. In the event the Vendor If Contractor is unable to meet the requested delivery date commitment due to circumstances beyond the Contractor’s reasonable control of the Vendorcontrol, the Vendor Contractor shall make such delivery as soon as practicable. If the Vendor Contractor is prevented from making such delivery delivering goods or services to the requested delivery location due to circumstances beyond its reasonable control, the Vendor Contractor shall immediately assist the City in whatever manner is reasonable to gain access to such goods and/or services. In the event that the Vendor If Contractor is unable to provide such goods and/or services as requested by the City, the Vendor Contractor may offer to the City limited substitutions for its consideration and shall provide such substitutions to the City as required above, provided the Vendor Contractor has obtained prior approval from the City for such substitution. The Vendor Contractor shall charge the City the price determined in this Agreement AMR Contract for the goods and services provided, and if no price has been determined, it shall charge the City a price that is normally charged for such goods and/or services (such as listed prices for items in stock). In the event that the If City’s request results in the Vendor Contractor incurring unavoidable additional costs and causes the Vendor Contractor to increase prices in order to obtain a fair rate of return, the Vendor Contractor shall charge the City a price not to exceed that the cost/profit formula found in this AgreementCity deems fair and reasonable based on documented additional costs borne by Contractor. The Vendor Contractor acknowledges that the City is procuring such goods and/or services for the benefit of the public. The Vendor, in support of public good purposes, shall consider the and agrees to treat City as a customer of first priority and shall make use its best effort to provide to the City the requested goods and/or services in a timely manner. For purposes of this AgreementContract, a “major emergency” or “disaster” shall include, but is not be limited to to, a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, loss of any utility service, fire, terrorist activity activity, or any combination of the above.

Appears in 1 contract

Samples: Contract for an Automated Meter Reading System

Major Emergencies or Disasters. The following provision shall be in effect only during major emergencies or disasters when City Light has activated it's Backup Control Center and/or the City has activated its Emergency Operations Center and Center. The City shall so indicate to the Vendor has been given notice by the City Seller that such activation has occurred. The City of Seattle is committed to preparing thoroughly for any major emergency or disaster situation. As part of its commitment, the City is contracting with the Vendor Seller under the following terms and conditions: Vendor Seller understands and agrees that it shall provide to the City, upon the City’s request, such goods and/or services at such time as the City determines. In the event the Vendor Seller is unable to meet the delivery date commitment due to circumstances beyond the reasonable control of the VendorSeller, the Vendor shall Seller agrees to make such delivery as soon as practicable. If the Vendor Seller is prevented from making such delivery to the requested delivery location due to circumstances beyond its reasonable control, the Vendor Seller shall immediately assist the City in whatever reasonable manner is reasonable to gain access to such goods and/or services. In the event that the Vendor Seller is unable to provide such goods and/or services as requested by the City, the Vendor Seller may offer to the City limited substitutions for its consideration and shall provide such substitutions to the City as required above, provided the Vendor Seller has obtained prior approval from the City for such substitutionCity. The Vendor Seller agrees that it shall charge the City the price determined in this Agreement for the goods and services providedcontract, and if no price has been determined, it shall charge the City a price that is normally charged for such goods and/or services (such as listed prices for items in stock). In the event that the City’s request results in the Vendor incurring unavoidable additional costs and causes the Vendor to increase prices in order to obtain a fair rate of return, the Vendor shall charge the City or if there is no normal charge, then a price not to exceed the cost/profit formula found in this Agreementbe mutually negotiated and agreed upon. The Vendor Seller acknowledges that the City is procuring such goods and/or services for the benefit of the public. The VendorSeller agrees, in support of public good purposes, shall to consider the City as a customer of first priority and shall make its best effort to provide to the City the requested goods and/or services in a timely manner. For purposes of this Agreement, Seller and the City agree that a major emergency” emergency or “disaster” disaster shall include, but is not be limited to a stormto: storms, high windwinds, earthquakeearthquakes, floodfloods, hazardous material releasereleases, transportation mishapmishaps, loss of any utility serviceutilities, firefires, terrorist activity activities or any combination combinations of the above.

Appears in 1 contract

Samples: Master Service Agreement

Major Emergencies or Disasters. The following provision shall be in effect only during major emergencies or disasters when the City has activated its Emergency Operations Center and the Vendor has been given notice by the City that such activation has occurred. The City is committed to preparing thoroughly for any major emergency or disaster situation. As part of its commitment, the City is contracting with the Vendor under the following terms and conditions: Vendor shall provide to the City, upon the City’s request, such goods and/or services at such time as the City determines. In the event the Vendor is unable to meet the delivery date of service commitment due to circumstances beyond the reasonable control of the Vendor, the Vendor shall make such delivery provide the services as soon as practicable. If the Vendor is prevented from making such delivery to providing the requested delivery location services due to circumstances beyond its reasonable control, the Vendor shall immediately assist the City in whatever manner is reasonable to gain access to such goods and/or provide the services. In the event that the Vendor is unable to provide such goods and/or services as requested by the City, the Vendor may offer to the City limited substitutions for its consideration and shall provide such substitutions to the City as required above, provided the Vendor has obtained prior approval from the City for such substitution. The Vendor shall charge the City the price determined in this Agreement for the goods and services provided, and if no price has been determined, it shall charge the City a price that is normally charged for such goods and/or services (such as listed prices for items in stock). In the event that the City’s request results in the Vendor incurring unavoidable additional costs and causes the Vendor to increase prices in order to obtain a fair rate of return, the Vendor shall charge the City a price not to exceed the cost/profit formula found in this Agreement. The Vendor acknowledges that the City is procuring such goods and/or services for the benefit of the public. The Vendor, in support of public good purposes, shall consider the City as a customer of first priority and shall make its best effort to provide to the City the requested goods and/or services in a timely manner. For purposes of this Agreement, a “major emergency” or “disaster” shall include, but is not limited to a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, loss of any utility service, fire, terrorist activity or any combination of the above.

Appears in 1 contract

Samples: Vendor Contract

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Major Emergencies or Disasters. The following provision shall be in effect only during major emergencies or disasters when the City Client has activated its Emergency Operations Center and the Vendor Altra has been given notice by the City Client that such activation has occurred. The City Client is committed to preparing thoroughly for any major emergency or disaster situation. As part of its commitment, the City Client is contracting with the Vendor Altra under the following terms and conditions: Vendor Altra shall provide to Client, Clientpursuant to the Cityterms of this Agreement, upon the City’s request, such goods and/or services hereunder at such time as the City Client determines, subject to Altra’s ability, in its discretion, to meet requested schedules. In the event the Vendor Altra is unable to meet the a delivery date commitment agreed to by Altra due to circumstances beyond the reasonable control of the VendorAltra, the Vendor Altra shall make such delivery as soon as practicable. If the Vendor Altra is prevented from making such delivery to the requested delivery location due to circumstances beyond its reasonable control, the Vendor Altra shall immediately assist the City Client in whatever manner is commercially reasonable to gain access to such goods and/or services, provided that Altra shall be under no obligation to procure like goods or services for City from any third party. In the event that the Vendor Altra is unable to provide such goods and/or services as requested by the CityClient, the Vendor Altra may offer to the City Client limited substitutions for its consideration and shall provide such substitutions to the City Client as required above, provided the Vendor Altra has obtained prior approval from the City Client for such substitution. The Vendor Altra shall charge the City Client the price determined in this Agreement Purchase Order/Vendor Contract for the goods and services providedprovided or other agreed upon price, and if no price has been determined, it shall charge the City Client a price that is normally charged commercially reasonable for such goods and/or services (such as listed prices for items in stock)stock).ClientClient. In the event that the City’s request results in the Vendor incurring unavoidable additional costs and causes the Vendor to increase prices in order to obtain a fair rate of return, the Vendor shall charge the City a price not to exceed the cost/profit formula found in this Agreement. The Vendor Altra acknowledges that the City Client is procuring such goods and/or services for the benefit of the public. The VendorAltra, in support of public good purposes, shall consider the City Client as a customer of first priority and shall make its best effort commercially reasonable efforts to provide to the City Client the requested goods and/or services in a timely manner. For purposes of this AgreementPurchase Order/Vendor Contract, a “major emergency” or “disaster” shall include, but is not limited to a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, loss of any utility service, fire, terrorist activity or any combination of the above.

Appears in 1 contract

Samples: Software License and Maintenance Purchase Order

Major Emergencies or Disasters. The following provision shall be in effect only during major emergencies or disasters when the City has activated its Emergency Operations Center and the Vendor Contractor has been given notice by the City that such activation has occurred. The City is committed to preparing thoroughly for any major emergency or disaster situation. As part of its commitment, the City is contracting with the Vendor Contractor under the following terms and conditions: Vendor Contractor shall provide to the City, upon the City’s request, such goods and/or services at such time as the City determines. In the event the Vendor Contractor is unable to meet the delivery date commitment due to circumstances beyond the reasonable control of the VendorContractor, the Vendor Contractor shall make such delivery as soon as practicable. If the Vendor Contractor is prevented from making such delivery to the requested delivery location due to circumstances beyond its reasonable control, the Vendor Contractor shall immediately assist the City in whatever manner is reasonable to gain access to such goods and/or services. In the event that the Vendor Contractor is unable to provide such goods and/or services as requested by the City, the Vendor Contractor may offer to the City limited substitutions for its consideration and shall provide such substitutions to the City as required above, provided the Vendor Contractor has obtained prior approval from the City for such substitution. The Vendor Contractor shall charge the City the price determined in this Agreement Vendor Contract for the goods and services provided, and if no price has been determined, it shall charge the City a price that is normally charged for such goods and/or services (such as listed prices for items in stock). In the event that the City’s request results in the Vendor Contractor incurring unavoidable additional costs and causes the Vendor Contractor to increase prices in order to obtain a fair rate of return, the Vendor Contractor shall charge the City a price not to exceed the cost/profit formula found in this Agreementa pre-approved profit. The Vendor Contractor acknowledges that the City is procuring such goods and/or services for the benefit of the public. The VendorContractor, in support of public good purposes, shall consider the City as a customer of first priority and shall make its best effort to provide to the City the requested goods and/or services in a timely manner. For purposes of this AgreementVendor Contract, a “major emergency” or “disaster” shall include, but is not limited to a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, and loss of any utility service, fire, terrorist activity or any combination of the above.

Appears in 1 contract

Samples: Vendor Contract

Major Emergencies or Disasters. The following provision shall be in effect only during major emergencies or disasters when the City has activated its Emergency Operations Center and the Vendor Contractor has been given notice by the City that such activation has occurred. The City is committed to preparing thoroughly for any major emergency or disaster situation. As part of its commitment, the City is contracting with the Vendor Contractor under the following terms and conditions: Vendor Contractor shall provide to the City, upon the City’s 's request, such goods and/or services at such time as the City determines. In the event the Vendor Contractor is unable to meet the delivery date commitment due to circumstances beyond the reasonable control of the VendorContractor, the Vendor Contractor shall make such delivery as soon as practicable. If the Vendor Contractor is prevented from making such delivery to the requested delivery location due to circumstances beyond its reasonable control, the Vendor Contractor shall immediately assist the City in whatever manner is reasonable to gain access to such goods and/or services. In the event that the Vendor Contractor is unable to provide such goods and/or services as requested by the City, the Vendor Contractor may offer to the City limited substitutions for its consideration and shall provide such substitutions to the City as required above, provided the Vendor Contractor has obtained prior approval from the City for such substitution. The Vendor Contractor shall charge the City the price determined in this Agreement Contract for the goods and services provided, and if no price has been determined, it shall charge the City a price that is normally charged for such goods and/or services (such as listed prices for items in stock). In the event that the City’s 's request results in the Vendor Contractor incurring unavoidable additional costs and causes the Vendor Contractor to increase prices in order to obtain a fair rate of return, the Vendor Contractor shall charge the City a price not to exceed the cost/profit formula found in this AgreementContract. The Vendor Contractor acknowledges that the City is procuring such goods and/or services for the benefit of the public. The VendorContractor, in support of public good purposes, shall consider the City as a customer of first priority and shall make its best effort to provide to the City the requested goods and/or services in a timely manner. For purposes of this AgreementContract, a "major emergency" or "disaster" shall include, but is not limited to a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, loss of any utility service, fire, terrorist activity or any combination of the above.

Appears in 1 contract

Samples: Vendor Contract

Major Emergencies or Disasters. The following provision shall be in effect only during major emergencies or disasters when the City has activated its Emergency Operations Center and the Vendor Company has been given notice by the City that such activation has occurred. The City is committed to preparing thoroughly for any major emergency or disaster situation. As part of its commitment, the City is contracting with the Vendor Company under the following terms and conditions: Vendor Company shall provide to the City, upon the City’s request, such goods and/or services at such time as the City determines. In the event the Vendor Company is unable to meet the delivery date commitment due to circumstances beyond the reasonable control of the VendorCompany, the Vendor Company shall make such delivery as soon as practicable. If the Vendor Company is prevented from making such delivery to the requested delivery location due to circumstances beyond its reasonable control, the Vendor Company shall immediately assist the City Customer in whatever manner is reasonable to gain access to such goods and/or services. In the event that the Vendor Company is unable to provide such goods and/or services as requested by the CityCustomer, the Vendor Company may offer to the City Customer limited substitutions for its consideration and shall provide such substitutions to the City Customer as required above, provided the Vendor Company has obtained prior approval from the City Customer for such substitution. The Vendor Company shall charge the City Customer the price determined in this Agreement Purchase Order/Vendor Contract for the goods and services provided, and if no price has been determined, it shall charge the City Customer a price that is normally charged for such goods and/or services (such as listed prices for items in stock). In the event that the CityCustomer’s request results in the Vendor Company incurring unavoidable additional costs and causes the Vendor Company to increase prices in order to obtain a fair rate of return, the Vendor Company shall charge the City Customer a price not to exceed the cost/profit formula found in this AgreementPurchase Order/Vendor Contract. The Vendor Company acknowledges that the City Customer is procuring such goods and/or services for the benefit of the public. The VendorCompany, in support of public good purposes, shall consider the City Customer as a customer of first priority and shall make its best effort to provide to the City Customer the requested goods and/or services in a timely manner. For purposes of this AgreementPurchase Order/Vendor Contract, a “major emergency” or “disaster” shall include, but is not limited to a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, loss of any utility service, fire, terrorist activity or any combination of the above.

Appears in 1 contract

Samples: Wireless Communication Services Agreement

Major Emergencies or Disasters. The following provision shall be in effect only during major emergencies or disasters when the City has activated its Emergency Operations Center and the Vendor Contractor has been given notice by the City that such activation has occurred. The City is committed to preparing thoroughly for any major emergency or disaster situation. As part of its commitment, the City is contracting with the Vendor Contractor under the following terms and conditions: Vendor Contractor shall provide to the City, upon the City’s request, such goods and/or services at such time as the City determines. In the event the Vendor Contractor is unable to meet the delivery date commitment due to circumstances beyond the reasonable control of the VendorContractor, the Vendor Contractor shall make such delivery as soon as practicable. If the Vendor Contractor is prevented from making such delivery to the requested delivery location due to circumstances beyond its reasonable control, the Vendor Contractor shall immediately assist the City in whatever manner is reasonable to gain access to such goods and/or services. In the event that the Vendor Contractor is unable to provide such goods and/or services as requested by the City, the Vendor Contractor may offer to the City limited substitutions for its consideration and shall provide such substitutions to the City as required above, provided the Vendor Contractor has obtained prior approval from the City for such substitution. The Vendor Contractor shall charge the City the price determined in this Agreement Purchase Order/Vendor Contract for the goods and services provided, and if no price has been determined, it shall charge the City a price that is normally charged for such goods and/or services (such as listed prices for items in stock). In the event that the City’s request results in the Vendor Contractor incurring unavoidable additional costs and causes the Vendor Contractor to increase prices in order to obtain a fair rate of return, the Vendor Contractor shall charge the City a price not to exceed the cost/profit formula found in this AgreementPurchase Order/Vendor Contract. The Vendor Contractor acknowledges that the City is procuring such goods and/or services for the benefit of the public. The VendorContractor, in support of public good purposes, shall consider the City as a customer of first priority and shall make its best effort to provide to the City the requested goods and/or services in a timely manner. For purposes of this AgreementPurchase Order/Vendor Contract, a “major emergency” or “disaster” shall include, but is not limited to ato a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, loss of any utility service, fire, terrorist activity or any combination of the above.

Appears in 1 contract

Samples: Purchase Order/Vendor Contract

Major Emergencies or Disasters. The following provision shall be in effect only during major emergencies or disasters when the City has activated its Emergency Operations Center and the Vendor Cingular has been given notice by the City that such activation has occurred. The City is committed to preparing thoroughly for any major emergency or disaster situation. As part of its commitment, the City is contracting with the Vendor Cingular under the following terms and conditions: Vendor Cingular shall provide to the City, upon the City’s request, such goods and/or services at such time as the City determines. In the event the Vendor Cingular is unable to meet the delivery date commitment commitments due to circumstances beyond the reasonable control of the VendorCingular, the Vendor Cingular shall make such delivery as soon as practicable. If the Vendor Cingular is prevented from making such delivery to the requested delivery location due to circumstances beyond its reasonable control, the Vendor Cingular shall immediately assist the City in whatever manner is reasonable to gain access to such goods and/or services. In the event that the Vendor Supplier is unable to provide such goods and/or services as requested by the City, the Vendor Cingular may offer to the City limited substitutions for its consideration and shall provide such substitutions to the City as required above, provided the Vendor Cingular has obtained prior approval from the City for such substitution. The Vendor Cingular shall charge the City the price determined in this Agreement for the goods and services provided, and if no price has been determined, it shall charge the City a price that is normally charged for such goods and/or services (such as listed prices for items in stock). In the event that the City’s request results in the Vendor Cingular incurring unavoidable additional costs and causes the Vendor Cingular to increase prices in order to obtain a fair rate of return, the Vendor Cingular shall charge the City a price not to exceed the cost/profit formula found in this Agreement. The Vendor Cingular acknowledges that the City is procuring such goods and/or services for the benefit of the public. The VendorCingular, in support of public good purposes, shall consider the City as a customer of first priority and shall make its best effort to provide to the City the requested goods and/or services in a timely manner. For purposes of this Agreement, a “major emergency” or “disaster” shall include, but is not limited to a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, loss of any utility service, fire, terrorist activity or any combination of the above. The CINGULAR 24x7 contact to assist in Major Emergencies/Disasters is: 24x7 Phone or Pager Number: 000-000-0000 The City staff authorized to order during major emergencies or disasters are: Xxxx XxXxxx, Xxxx Xxxxxxx, Xxxx Xxxxxx, Xxxxx Xxxxx, Xxxx Xx, Xxxxxxxxx Xxxx, and Xxxxxxx Xxxxxx.

Appears in 1 contract

Samples: Wireless Services Master Service Agreement

Major Emergencies or Disasters. The following provision shall be in effect only during major emergencies or disasters when the City has activated its Emergency Operations Center and the Vendor Contractor has been given notice by the City that such activation has occurred. The City is committed to preparing thoroughly for any major emergency or disaster situation. As part of its commitment, the City is contracting with the Vendor Contractor under the following terms and conditions: Vendor Contractor shall provide to the City, upon the City’s request, such goods and/or services at such time as the City determines. In the event the Vendor Contractor is unable to meet the delivery date commitment due to circumstances beyond the reasonable control of the VendorContractor, the Vendor Contractor shall make such delivery as soon as practicable. If the Vendor Contractor is prevented from making such delivery to the requested delivery location due to circumstances beyond its reasonable control, the Vendor Contractor shall immediately assist the City in whatever manner is reasonable to gain access to such goods and/or services. In the event that the Vendor Contractor is unable to provide such goods and/or services as requested by the City, the Vendor Contractor may offer to the City limited substitutions for its consideration and shall provide such substitutions to the City as required above, provided the Vendor Contractor has obtained prior approval from the City for such substitution. The Vendor Contractor shall charge the City the price determined in this Agreement Purchase Order/Vendor ContractVendor Contract for the goods and services provided, and if no price has been determined, it shall charge the City a price that is normally charged for such goods and/or services (such as listed prices for items in stock). In the event that the City’s request results in the Vendor Contractor incurring unavoidable additional costs and causes the Vendor Contractor to increase prices in order to obtain a fair rate of return, the Vendor Contractor shall charge the City a price not to exceed the cost/profit formula found in this AgreementPurchase Order/Vendor ContractVendor Contract. The Vendor Contractor acknowledges that the City is procuring such goods and/or services for the benefit of the public. The VendorContractor, in support of public good purposes, shall consider the City as a customer of first priority and shall make its best effort to provide to the City the requested goods and/or services in a timely manner. For purposes of this AgreementPurchase Order/Vendor ContractVendor Contract, a “major emergency” or “disaster” shall include, but is not limited to a storm, high wind, earthquake, flood, hazardous material release, transportation mishap, loss of any utility service, fire, terrorist activity or any combination of the above.

Appears in 1 contract

Samples: Purchase Order/Vendor Contract

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