Statewide Internet Portal Authority (SIPA)

other fault of, the party relying on such events to excuse its failure to perform. The term 

does not include strikes or other events caused by labor disputes, unless such strikes or 

other events are part of national or regional disputes.  

C. Any party whose ability to perform is affected by a force majeure event shall take all 

reasonable steps to mitigate the impact of such event.  

D. If the effect of a force majeure event is temporary, subject to Paragraph E of this 

Article, the party so affected shall not be responsible for any consequent delay, and the 

relevant schedule or time period shall be extended accordingly, if and only if notice of the 

event is given to the other party within seven (7) days after the event has occurred.  At 

the time of the initial notice of the occurrence of the event, or as soon thereafter as 

possible, the party affected shall inform the other party of the extent of the delay expected 

as a result of the event.  

E. In the case of one or more force majeure events having a temporary effect on the 

ability of the Contractor to comply with the schedule in any work package, if the effect is, 

or will be, to delay such schedule by more than ninety (90) days, or in the case of force 

majeure events permanently preventing the Contractor from complying with said 

schedule, SIPA may declare this Contract to be terminated, in whole or in part. In such 

event SIPA s sole liability shall be to pay the Contractor for work carried out up to the 

date of termination, including work carried out under any uncompleted task order.  

Article 13: Conformance with Law and Governmental Authorizations  

The Contractor and its agent(s) shall at all times during the term of this contract strictly 

adhere to all applicable federal laws, state laws, Executive Orders and implementing 

regulations as they currently exist and may hereafter be amended. The Contractor shall be 

responsible for obtaining all governmental authorizations necessary for the performance 

of the Contractor s obligations hereunder. In the event that the Contractor fails to obtain 

any such authorization as may be necessary to complete any work, SIPA may at any time 

terminate the Contract or such element of work in which event the Contractor shall 

refund all payments made by SIPA with respect to such work.  

Article 14: Termination  

A. Termination for Default: SIPA may terminate the contract for cause. If SIPA 

terminates the contract for cause, it will first give ten (10) days prior written notice to the 

Contractor, stating the reasons for cancellation, procedures to correct problems, if any, 

and the date the contract will be terminated in the event problems have not been 

corrected. In the event this contract is terminated for cause, SIPA will only reimburse the 

Contractor for accepted work or deliverables received up to the date of termination. In the 

event this contract is terminated for cause, final payment to the Contractor may be 

withheld at the discretion of SIPA until completion of final audit. Notwithstanding the 

above, the Contractor may be liable to SIPA for SIPA s damages. If it is determined that 

Request for Proposal 10/29/2004 

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