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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 />MEMORANDUM OF UNDERSTANDING NO. C-1-3289 <br />H. Legal Authority: AUTHORITY and CITIES hereto consent that they are authorized to <br />execute this MOU on behalf of said PARTIES and that, by so executing this MOU, PARTIES hereto are <br />formally bound to the provisions of this MOU. <br />I. Severability: If any term, provision, covenant or condition of this MOU is held to be invalid, <br />void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of <br />this MOU shall not be affected thereby, and each term, provision, covenant or condition of this MOU shall <br />be valid and enforceable to the fullest extent permitted by law. <br />J. Counterparts of MOU: This MOU may be executed and delivered in any number of <br />counterparts, each of which, when executed and delivered shall be deemed an original and all of which <br />together shall constitute the same agreement. Facsimile signatures will be permitted. <br />K. Force Maieure: Any PARTY shall be excused from performing its obligations under this <br />MOU during the time and to the extent that it is prevented from performing by an unforeseeable cause <br />beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering <br />of material, products, plants or facilities by the federal, state or local government; pandemic; national fuel <br />shortage; or a material act or omission by any other PARTY; when satisfactory evidence of such cause <br />is presented to the other PARTIES, and provided further that such nonperformance is unforeseeable, <br />beyond the control and is not due to the fault or negligence of the PARTY not performing. <br />L. Assignment: Neither this MOU, nor any PARTY's rights, obligations, duties, or authority <br />hereunder may be assigned in whole or in part by any PARTY without the priorwritten consent of all other <br />PARTIES in their sole and absolute discretion. Any such attempted assignment shall be deemed void <br />and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent <br />assignment, nor the waiver of any right to consent to such subsequent assignment. <br />M. Obligations to Comply with Law: Nothing herein shall be deemed nor construed to <br />authorize or require any PARTY to issue bonds, notes or other evidence of indebtedness under terms, in <br />amounts, or for purposes other than as authorized by local, state or federal law. <br />N. Governing Law: The laws of the State of California and applicable local and federal laws, <br />regulations and guidelines shall govern this MOU. <br />Page 12 of 16 <br />