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1 <br />2 <br />3 <br />a <br />e <br />6 <br />7 <br />s <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-X-XXXX <br />A. Termination: This MOU shall continue in full force and effect until all terms and conditions <br />of this MOU are implemented, unless terminated earlier by mutual written consent by all the PARTIES to <br />this MOU. <br />B. This MOU may only be amended in writing at any time by the consent of all PARTIES. <br />No amendment shall have any force or effect unless executed in writing by all PARTIES. <br />C. AUTHORITY and AGENCIES shall comply with all applicable federal, state, and local <br />laws, statues, ordinances and regulations in the performance of this MOU. <br />D. Successors in Interest: This MOU shall be binding upon and shall inure to the benefit of <br />the parties hereto and their respective heirs, personal representatives, successors; and'ssigns. <br />E. Attorney's Fees: In the event any action s brought betde�n the PARTIES hereto relating <br />to this MOU or the breach thereof, the prevailing PARTY i such action shall be entitled to recover from <br />the other PARTY reasonable expenses, attorneys' _fees and costs in connection with such action or <br />proceeding. zt <br />F. Legal Authority: Each of the :undersigned represents and warrants that they are <br />authorized to execute this MOiI on behalf of <br />PARTIES hereto are formally bound lio the prc <br />;TIES and that, by so executing this MOU, the <br />this MOU. <br />G. Severability: If any`term, provision,'povenant 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 />t, <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 I the fullest extent permitted by law. <br />4 <br />H. Counterparts of Agreement: 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 />I. 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; national fuel shortage; <br />11 <br />