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CC. Breach of Contract:
Successful Offeror shall be deemed in breach of this contract if the
Successful Offeror: Fails to comply with any terms of this contract;
- Fails to cure such noncompliance within ten (10) calendar days from the date of
the NNPS written notice or such other time frame, greater than ten (10)
calendar days, specified by the NNPS Contract Administrator in the notice.
- Fails to submit a written response to NNPS’s notification of noncompliance
within ten (10) calendar days after the date of the NNPS notice.
- All notices under this contract shall be submitted, either by fax or certified
mail, return-receipt requested, to the respective contract administrator. Successful
Offeror shall not be in breach of this contract as long as its default was due to
causes beyond the reasonable control of and occurred without any fault or
negligence on the part of both the Successful Offeror and its subcontractors.
Such causes may include, but are not restricted to, acts of God or of the public
enemy, acts of NNPS in its sovereign capacity, fires, floods, epidemics, strikes,
freight embargoes, and unusually severe catastrophic weather such as hurricanes.
DD. Applicable Law:
This Contract shall be deemed to be a Virginia contract and shall be governed as to all
matters whether of validity, interpretations, obligations, performance or otherwise
exclusively by the laws of the Commonwealth of Virginia, and all questions arising with
respect thereto shall be determined in accordance with such laws. Regardless of where
actually delivered and accepted, this Contract shall be deemed to have been delivered
and accepted by the parties in the Commonwealth of Virginia.
EE. Compliance With All Laws:
Successful Offeror shall comply with all federal, state and local statutes, ordinances, and
regulations now in effect or hereafter adopted, in the performance of this contract.
Successful Offeror represents that it possesses all necessary licenses and permits
required to conduct its business and/or will acquire any additional licenses and permits
necessary for performance of this contract prior to the initiation of work. If the Successful
Offeror is a corporation, Successful Offeror further expressly represents that it is a
corporation of good standing in the Commonwealth of Virginia and will remain in good
standing throughout the term of the contract and any extensions. All City of Newport
News business license, personal property, real estate and other applicable tax requirements
shall be met by Successful Offeror.
FF. Venue:
Venue shall be in the Circuit Court of the City of Newport News, Virginia, and the
United States District Court for the Eastern District of Virginia, Norfolk Division,
compliant with applicable laws and regulations, as deemed appropriate by NNPS.
GG. Severability:
If any provision of this contract is found by any court of competent jurisdiction to be
invalid or unenforceable, the invalidity of such provision shall not affect the other
provisions of this contract, and all other provisions of this contract shall remain in full
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