Section 14.12 - Partial Invalidity. If any term, provision, covenant or condition
of this Agreement is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the rest of this Agreement shall remain in full force and effect and in no
way be affected, impaired or invalidated.
Section 14.13 - Captions. Titles or captions of Sections contained in this
Agreement are inserted as a matter of convenience and for reference, and do not affect
the scope or meaning of this Agreement or the intent of any provision hereof.
Section 14.14 - Vendor's Warranties. For Owner's benefit, Operator shall obtain
from sellers of equipment, material, or services (other than the Services), warranties
against defects in materials and workmanship to the extent such warranties are reasonably
obtainable, and, to the extent of any such warranties actually obtained, Owner releases
Operator from any further liability arising in respect of such equipment, material or
services (other than the Services) to the extent such liability is covered by any such
warranty. Operator itself shall not be liable for any such warranties, or for any defects or
damage caused by such equipment, material or services (other than the Services). Upon
Owner's request, Operator agrees to take such steps as are necessary, short of litigation, to
enforce said warranties. Each such warranty shall be enforceable by Owner for Owner's
benefit or assignable by Operator to Owner without any further action or consent by or on
the part of any third party. Unless otherwise requested, Operator shall administer such
warranties and immediately notify Owner of any defects discovered or suspected that
may be covered by such warranties. When requested, Operator shall assign any such
warranty to Owner and assist Owner with the administration and enforcement of such
warranty, or, if such warranty is not assignable to Owner, assist Owner with the
administration and enforcement of such warranty.
Section 14.15 — Fiscal Contingency. All payments under this contract are
contingent upon the availability to the Owner of the necessary funds. This contract shall
terminate and the Owner’s obligations under it shall be extinguished at the end of any
fiscal year in which the Owner fails to appropriate monies for the ensuing fiscal year
sufficient for the performance of this contract.
Nothing in this contract shall be construed to provide Operator with a right of payment
over any other entity. Any funds obligated by the Owner under this contract that are not
paid to Operator shall automatically revert to the Owner’s discretionary control upon the
completion, termination, or cancellation of the agreement. The Owner shall not have any
obligation to re-award or to provide, in any manner, the unexpended funds to Operator,
except for those payments which are owed to the Operator for all Reimbursable Costs
incurred by Operator up to and including the date it is determined by the Owner that the
necessary funds are not available (the “Lack of Funding Date”). Further, the Operator
shall be paid unpaid Annual Administrative Fees to and including the Lack of Funding
date. Operator shall have no claim of any sort to the unexpended funds following the
Lack of Funding Date. I don’t have a problem with the intent of this para., but I think
poorly worded. It says that obligated funds will revert to the city, why if they’re
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