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