|
7
<br />Services Agreement
<br />8.5 Unenforceability
<br />If any provision of this Agreement is invalid or unenforceable, it will be severed from the Agreement and
<br />will not affect the enforceability or validity of the remaining provisions of the Agreement.
<br />8.6 Waiver
<br />No waiver by either Party of any breach by the other Party of any of its covenants, obligations and
<br />agreements will be a waiver of any subsequent breach or of any other covenant, obligation or agreement,
<br />nor will any forbearance to seek a remedy for any breach be a waiver of any rights and remedies with
<br />respect to such or any subsequent breach.
<br />8.7 Force Majeure
<br />Event of Force Majeure means acts of God or public enemy, wars (declared or undeclared), revolution,
<br />riots, insurrections, civil commotions, fires, floods, slides, earthquakes, epidemics, pandemics, quarantine
<br />restrictions, strikes or lockouts, including illegal work stoppages or slowdowns, or stop work orders issued
<br />by a court or statutory authorities (providing that such orders are not issued nor any such labour disputes
<br />occasioned as a result of an act or omission of either Party, or any one employed or retained by either
<br />Party), freight embargoes or power failures, or any event or circumstance which reasonably constitutes a
<br />material disabling event or circumstance, which is beyond the reasonable control of a Party, which does
<br />not arise from the neglect or default of a Party, and which results in material delay, interruption or failure by
<br />a Party in carrying out its duties, covenants or obligation under this Agreement, but which does not mean
<br />or include any delay caused by a Party's lack of funds or financial condition.
<br />If any Party is bona fide delayed or hindered in or prevented from the performance of any obligation,
<br />covenant or other act required under this Agreement, by reason of an Event of Force Majeure, the said
<br />Party will be relieved from the fulfillment of such obligation, covenant or act during the period of such
<br />interruption and the period for the performance of any such obligation, covenant or other act will be
<br />extended for a period equivalent to the period of such delay.
<br />8.8 Language
<br />All communication and documentation will be in English unless agreed otherwise.
<br />8.9 Notices
<br />Any notice, approval, election, demand, direction, consent, designation, request, agreement, instrument,
<br />certificate, report or other communication required or permitted to be given or made under this Agreement
<br />(each, a “Notice”) to a Party must be given in writing. A Notice may be given by delivery to an individual
<br />or electronically by email, and will be validly given if delivered on a Business Day at the following address,
<br />or, if transmitted on a Business Day by email addressed to the following Party:
<br />To the Owner: To the Contractor:
<br />GRAND ISLAND RESOURCES, LLC
<br />Attention: Danny Pollock
<br />Email: dpollock@nedmining.com
<br />Ensero Solutions US, Inc.
<br />12150 E. Briarwood Avenue, Suite 135
<br />Centennial, CO 80112
<br />Attention: Billy Ray
<br />Email: bray@ensero.com
<br />or to any other address, email address or individual that the Party designates in writing in accordance
<br />with this Section.
|