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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 />1s <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />COOPERATIVE AGREEMENT NO. C-3-2323 <br />either due to lack of passengers, lack of revenue, lack of funding, other modes of transportation that are <br />developed making the System relatively inefficient, or other similar reasons. <br />ARTICLE 12. ADDITIONAL PROVISIONS <br />A. Compliance: The Parties shall comply with all applicable federal, state, and local laws, <br />statutes, ordinances and regulations of any governmental authority having jurisdiction over the System. <br />B. Legal Authority: The Parties hereto consent that they are authorized to execute this <br />Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties hereto are <br />formally bound to the provisions of this Agreement. <br />C, Severability: If any term, provision, covenant or condition of this Agreement is held to be <br />invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the <br />remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or <br />condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. <br />D. Counterparts of Agreement: This Agreement may be executed and delivered in any number <br />of counterparts, each of which, when executed and delivered shall be deemed an original and all of which <br />together shall constitute the same agreement. Electronic or facsimile signatures will be permitted. <br />E. 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 or facilities by the 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 />F. 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 />Page 11 of 14 <br />