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<br />operations shall be deemed continuous so long as any of said operations do not cease for <br />a period of more than 365 consecutive calendar days. <br />12.7 Successors and :~s`;i~ns. All covenants and agreements herein shall bind <br />and inure to the benefit of Durango and Arness and their respective successors and <br />ass~ons. <br />12.8 Recording. A memorandum of this agreement shall be recorded by the <br />parties. <br />12.9 Force Ma ~eure. <br />a. Commencing with the last payment to be made by Durango under <br />Section 2.2 hereof, and thereafter, Durango shall not be liable or in default under any <br />provisions of this agreement for failure to perform any of its obligations hereunder <br />• ducing periods in which performance is prevented by any causes reasonably beyond <br />Durango's control, which causes hereinafter are called "force majeure". For purposes <br />of this agreement, the term "force majeure" shall include, but shall not be limited to, <br />fires, floods, windstorms, and other damage from the elements; strikes, war, <br />insurrenetion, mob violence, riots; interference, action, legislation or regulation by <br />governmental or military authority, including a requirement by such authority that an <br />environmental impact statement, plan of operation or similar statement or document <br />be prepared or approved; litigation; acts of God or acts of the public enemy. The <br />duration of this agreement and of the time for payments, completion of performance <br />by Durango of its rights, obligations and options under this agreement shall be extended <br />for a period equal to the period of disability as a result of the event of force majeure, <br />provided Durango gives Arness written notice of the existence of the event of force <br /> <br />14 <br />