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COOPERATIVE AGREEMENT NO, C-9-1837 <br />1 an original and all of which together shall constitute the same agreement. Facsimile signatures will <br />2 be permitted. <br />3 H. Force Maleure: Either AUTHORITY or CITY shall be excused from performing its <br />a obligations under this Cooperative Agreement during the time and to the extent that it is prevented from <br />s performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of <br />G fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or <br />7 local government; national fuel shortage; or a material act or omission by the other PARTY; when <br />8 satisfactory evidence of such cause is presented to the other PARTY, and provided further that such <br />9 nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the <br />10 AUTHORITY or CITY not performing. <br />11 I. Assignment: Neither this Cooperative Agreement, nor any of the AUTHORITY and CITY <br />12 rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either <br />13 AUTHORITY or CITY without the prior written consent of the other PARTY in its sole and absolute <br />14 discretion. Any such attempt of assignment shall be deemed void and of no -force and effect. Consent <br />is to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any <br />16 right to consent to such subsequent assignment. <br />17 J. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to <br />18 authorize or require any PARTY to issue bonds, notes or other evidences of indebtedness under the <br />19 terms, in amounts, or for purposes other than as authorized by local, state or federal law. <br />20 K. Governing Law: The laws of the State of California and applicable local and federal laws, <br />21 regulations and guidelines shall govern this Cooperative Agreement. <br />22 L. Litigation fees: Should litigation arise out of this Cooperative Agreement for the <br />23 performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing <br />24 PARTY. <br />2s / <br />26 / <br />Page 10 of 12 <br />L:\Camm\C LE RICAL\WOROPROC�AG RE E\AG91837.docx <br />