Smyrna IGA for Antenna 5.1.2026 edits
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4 Marietta, Ga. 30090 With a copy to: Cobb County 800 MHz Radio Systems Administrator 140 N Marietta Parkway NW Marietta, GA 30060 Radio@cobbcounty.gov 770-499-3855 and County Attorney’s Office: Laura.Myler@cobbcounty.gov F. Headings. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit, or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. G. Force Majeure. Neither County not City shall be liable for their respective non-negligent or non- willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion, or flood; (v) strike or labor dispute, excluding strikes or labor disputes by any employees and/or agents; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection, or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts. All other obligations shall remain intact. H. No Third-Party Beneficiaries. The Parties hereto do not intend that any benefit be conferred on any third party or that the provisions hereof give rise to or create any duty or obligation or any cause of action arising therefrom on behalf of any third party. I. No Waiver. No failure by either Party to enforce any right or power granted under this Agreement, or to insist upon strict compliance by the other Party with this Agreement, and no custom or practice of a Party at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the Party’s right to demand exact and strict compliance by the other Party with the terms and conditions of this Agreement. To be effective, any waiver shall be in writing and signed by the Party granting such waiver. Any such waiver shall be limited to the particular right so waived and shall not be deemed to waive any other right under this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. J. Authority. The individuals whose names appear below represent that they have or have been accorded by their governing or executive bodies the necessary authority to bind the entities on whose behalf each has executed this document. SIGNATURES ON FOLLOWING PAGE