3.6 Limitations. In the event the operations of HPHC’s facilities or any substantial
portion thereof are interrupted by war, fire, insurrection, labor/provider contract troubles,
millenium failures, riots, the elements, earthquakes or acts of God, the provisions of this
Agreement (or such pertions hereof as HPHC is thereby rendered incapable of performing)
shall be suspended for the duration of such interruption. In the event that this Agreement, or
any portion hereof, is suspended due to HPHC’s inability to operate due to interruptions for
reasons described above, Purchaser shall not be liable for any portion of the Service fee
specified in Attachment C for those days during which HPHC was not able to perform all
Services required under this Agreement.
In the event that Purchaser or its Designee is unable to perform its obligations and
responsibilities due to war, fire, insurrection, labor contract troubles, riots, the elements,
earthquakes or acts of God, the schedule of payments due from Purchaser and other
administrative schedule requirements shall be delayed until operations can be resumed.
3.7 Arbitration. In the event of any dispute of any kind concerning this Agreement
or the performance of obligations hereunder, said dispute shall be submitted to arbitration in
accordance with the rules of the American Arbitration Association. Fees and all related costs
of arbitration shall be borne equally by both parties. The parties agree to be bound by the
results of such arbitration. The obligations of this provision shall survive termination of this
Agreement.
3.8 Performance by HPHC. HPHC shail perform its obligations under this
Agreement through, at its discretion, employees or arrangements or contracts with agents or
independent contractors.
8.9 Successors and Assigns. The provisions of this Agreement and obligations
arising hereunder shall extend to, be binding upon, and inure to the benefit of the executors,
administrators, successors, and assigns of the parties hereto.
3.10 Assignment. Purchaser shall not assign its rights and obligations under this
Agreement without the prior written consent of HPHC. HPHC may assign its respective rights
and responsibilities under this Agreement to any entity which owns or controls HPHC, to any
entity which is owned or controlled by HPHC, or to any entity which is under common
ownership or control with HPHC and HPHC shall provide written notice to Purchaser within
thirty (30) days of such assignment.
3.11 Headings. The headings of the various sections of the Agreement are inserted
merely for the purpose of convenience and do not, expressly or by implication, limit, define or
extend the specific terms of the section so designated.
3.12 Notice. Any notice required to be given pursuant to the terms and provisions of
this Agreement shall be in writing and may either be personally delivered or sent by registered
or certified mail by United States Postal Service, return receipt requested, postage prepaid,
addressed to each party at the addresses which follow:
i} Purchaser:
Company Name:
FORM#PS01 05/17/2002
