5.2 ERMUSR 03-14-2023 - Laserfiche WebLink

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Elk River Municipal Utilities 28 SupplierCore & Main LP Work, capable, experienced and reliable foremen and such skilled workers as may be required for the various classes of Work to be performed. Directions and instructions given to the superintendent by ERMU shall be binding upon those doing the Work. Supplier shall at all times take all reasonable precautions for the safety of employees and of the public, and shall comply with all applicable provisions of federal, state, and municipal safety laws and building and construction codes, as well as the safety rules and regulations of ERMU. The following provisions shall not limit the generality of the above requirements: (a) Supplier shall at no time and under no circumstances cause or permit any employee of Supplier to perform any Work upon energized lines, or upon poles carrying energized lines. (b) Supplier shall so conduct the construction of the Project as to cause the least possible obstruction of public highways. (c) Supplier shall provide and maintain all such guard lights and other protection for the public as may be required by industry standards and applicable statutes, ordinances, and regulations. 38. Force Majeure Neither ERMU nor Supplier shall be considered in default in the performance of its obligations under this Agreement and neither party will be liable for damages for delay to the extent that the performance of its obligations is prevented or delayed by any condition beyond the Party’s reasonable control without fault or negligence, including without limitation: acts of God; acts or omissions of governmental authorities; acts of public enemy; wars; blockades; riots; strikes; civil disturbances; floods; fires; explosions; hurricanes; tornadoes; acts of nature; and any other events, acts, or conditions (individually and collectively referred to as a “Force Majeure Event”). In the event that either Party’s performance is prevented or delayed by a Force Majeure Event, the Party shall inform the other Party in writing within five (5) days after the event impacting or likely to impact the Party’s performance. 39. Severability Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken. All remaining provisions shall continue to be valid and binding upon ERMU and Supplier who agree that this Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision, provided that such stricken clause is not material to the performance of this Agreement and neither Party is aggrieved by the omission of such clause or the reformation of this Agreement. 220