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COOPERATIVE AGREEMENT NO. C-8-1797 <br />GARDEN GROVE BOULEVARD — RTSSP <br />1 M. Force Majeure: Either Party shall be excused from performing its obligations under this <br />2 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable <br />3 cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; <br />4 commandeering of material, products, plants orfacilities by the federal, state or local government; national <br />5 fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause <br />6 is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond <br />7 the control and is not due to the fault or negligence of the Party not performing. <br />8 1 <br />9 / <br />10 / <br />11 1 <br />12 <br />13 / <br />14 t <br />15 ! <br />16 / <br />17 1 <br />18 ! <br />19 / <br />20 1 <br />21 <br />22 / <br />23 / <br />24 <br />25 / <br />26 / <br />Page 13 of 17 <br />L \Camm\CLERICAL\VVORDPROC\AGREE\AG81797.docx <br />