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COOPERATIVE AGREEMENT NO. C-0-2201 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />G. Counterparts of Agreement: This Agreement may be executed and delivered in any <br />number of counterparts, each of which, when executed and delivered shall be deemed an original and all <br />of which together shall constitute the same agreement. Facsimile signatures will be permitted. <br />H. Force Maieure: Either Party shall be excused from performing its obligations under this <br />Agreement during the time and to the extent that it is prevented from performing by an unforeseeable <br />cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; <br />commandeering of material, products, plants orfacilities bythe federal, state or local government; national <br />fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of such cause <br />is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond <br />the control and is not due to the fault or negligence of the Party not performing. <br />I. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or <br />authority hereunder may be assigned in whole or in part by either Party without the prior written consent <br />of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed <br />void and of no force and effect. Consent to one assignment shall not be deemed consent to any <br />subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. <br />J. Governing Law: The laws of the State of California and applicable local and federal laws, <br />regulations and guidelines shall govern this Agreement. <br />K. Litigation fees: In the event that either Party to this Agreement shall commence any legal <br />or equitable action to enforce or interpret this Agreement, the prevailing party shall be entitled to recover <br />its costs of suit, including reasonable costs and attorney's fees as determined by the court. <br />i <br />2�e 11§f 13 <br />