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COOPERATIVE AGREEMENT NO. C-5-3589 <br />WESTMINSTER AVENUE / 17TH STREET - RTSSP <br />1 F. Legal Authority: AUTHORITY and PARTICIPATING AGENCIES hereto consent that they <br />2 are authorized to execute this Agreement on behalf of said Parties and that, by so executing this <br />3 Agreement, the Parties hereto are formally bound to the provisions of this Agreement. <br />4 G. Severability: If any term, provision, covenant or condition of this Agreement is held to be <br />5 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the <br />6 remainder of this Agreement shall not be affected thereby, and each term, <br />7 provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent <br />8 permitted by law. <br />9 H. Counterparts of Agreement: This Agreement may be executed and delivered in any <br />10 number of counterparts, each of which, when executed and delivered shall be deemed an original and all <br />11 of which together shall constitute the same agreement. Facsimile signatures shall be permitted. <br />12 I. Force Majeure: Either Party shall be excused from performing its obligations under this <br />13 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable <br />14 cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; <br />15 commandeering of material, products, plants orfacilities by the federal, state or local government; national <br />16 fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause <br />17 is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond <br />18 the control and is not due to the fault or negligence of the Party not performing. <br />19 J. Assjgnment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or <br />20 authority hereunder may be assigned in whole or in part by either Party without the prior written consent <br />21 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed <br />22 void and of no force and effect. Consent to one assignment shall be deemed consent to any subsequent <br />23 assignment, nor the waiver of any right to consent to such subsequent assignment. <br />24 K. Governing Law: The laws of the State of California and applicable local and federal laws, <br />25 regulations and guidelines shall govern this Agreement. <br />26 / <br />Page 10 of 18 <br />