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26. Force Majeure Events <br />a. Excuse to Performance: In addition to specific provisions of the Agreement, lack <br />of performance by any Party shall not be deemed to be a breach of this <br />Agreement, where delays or defaults are due to acts of God, or the elements, <br />casualty, strikes, lockouts, or other labor disturbances, acts of the public enemy, <br />orders or inaction of any kind from the government of the United States, the State <br />of California, or any other governmental, military or civil authority (other than <br />Metropolitan, or another party to this Agreement), war, insurrections, riots, <br />epidemics, landslides, lightning, droughts, floods, fires, earthquakes, civil <br />disturbances, freight embargoes, or any other inability of any Party, whether <br />similar or dissimilar to those enumerated or otherwise, which are not within the <br />control of the Party claiming such inability or disability, which such Party could not <br />have avoided by exercising due diligence and care and with respect to which such <br />Party shall use all reasonable efforts that are practically available to it in order to <br />correct such condition (such conditions being herein referred to as "Force Majeure <br />Events"). <br />b. Responding to Force Majeure Events: The Parties agree that in the event of a <br />Force Majeure Event which substantially interferes with the implementation of <br />this Agreement, the Parties will use their good faith efforts to negotiate an interim <br />or permanent modification to this Agreement which responds to the Force <br />Majeure Event and maintains the principles pursuant to which this Agreement was <br />executed. <br />City of Santa Ana 20 Agreement No. 189280 <br />25B-23 <br />