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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 />COOPERATIVE AGREEMENT NO. C-1-3252 <br />ARTICLE 11. ALCOHOL AND DRUG POLICY <br />A. CITY agrees to establish and implement an alcohol and drug program that complies with <br />41 U.S.C. sections 701-707, (the Drug Free Workplace Act of 1988), which is attached to this Agreement <br />as Exhibit B. CITY agrees to produce any documentation necessary to establish its compliance with <br />sections 701-707. <br />B. Failure to comply with this Article may result in nonpayment or termination of this <br />Agreement. <br />ARTICLE 12. FORCE MAJEURE <br />Either PARTY shall be excused from performing its obligations under this Agreement during <br />the time and extent that it is prevented from performing by a cause beyond its control, including, but <br />not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants or <br />facilities by the federal state or local government; national fuel shortage; or a material act of omission <br />by the other PARTY; when satisfactory evidence of such cause is presented to the other PARTY, and <br />provided further that such nonperformance is unforeseeable, beyond the control and is not due to the <br />fault or negligence of the PARTY not performing. <br />Page 8 of 9 <br />