Consulting Services Agreement Outdoor Resorts/Palm Springs Owners Association November 25, 2019
GENERAL CONDITIONS (continued)
McMahon Group shall not be in default by reason of any failure in its performance of this contract in accordance with its terms and conditions if such failure arises out of causes beyond the control and without the negligence of McMahon Group. Such causes include, but are not restricted in any way to, acts of God, acts of government, riots, fire, floods, epidemics, quarantine restrictions, strikes or other labor disputes, delays in transportation, freight embargoes, severe weather, acts of the client, acts of civil or military authority, accidents, war, or other circumstances beyond McMahon Group’s reasonable control, whether similar or dissimilar to the foregoing. Limitation of Liability: The parties hereto expressly acknowledge, agree and consent that the maximum liability of McMahon Group and any of its officers, directors, shareholders, employees, agents and representatives pursuant to any cause or action arising out of or related to the agreement shall be limited to fees for basic services paid by the client to McMahon Group for services provided pursuant to this agreement. This agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective legal and personal representatives, voluntary and involuntary successors and permitted assigns. This agreement may be terminated by either party upon seven (7) days written notice. In the event of such termination by the client, McMahon Group, Inc. shall be compensated for all services performed to termination date, together with reimbursable expenses then due. This agreement represents the entire agreement between Outdoor Resorts/Palm Springs Owners Association and McMahon Group, Inc., and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement may be amended only by written instrument signed by both the client and McMahon Group, Inc. The terms of this agreement are valid for 60 days from the date given on the first page of this document. If the project is not completed within one year of the agreement date, the fees are subject to change by McMahon Group, Inc. This agreement is accepted by both parties and is governed by the laws of the State of Missouri, and the Court of St. Louis County shall have jurisdiction in the event of a dispute. The work is to proceed immediately.
A C C E P T E D :
OUTDOOR RESORTS/PALM SPRINGS OWNERS ASSOCIATION
McMAHON GROUP, INC.
Cathedral City, California
St. Louis, Missouri
_______________________________
_____________________________ William P. McMahon, Sr., Chairman
President
Date
6
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