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<br />AGREEMENT NO. C-5-2592 <br /> <br />against AUTHORITY, its officers, directors, employees, agents, member agencies, subcontractors or <br />2 suppliers. <br /> <br />3 ARTICLE 10. FORCE MAJUERE <br /> <br />4 Any party shall be excused from performing its obligations under this Agreement during the <br /> <br /> <br />5 time and to the extent that it is prevented from performing by an unforeseeable cause beyond its <br /> <br /> <br />6 control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of <br /> <br />7 material, products, plants or facilities by federal, state or local government; national fuel shortage; or <br /> <br />8 a material act or omission by any party; when satisfactory evidence of such cause Is presented to <br /> <br />9 that other party, and provided further such nonperformance is unforeseeable, beyond the control <br /> <br /> <br />10 and is not due to the fault or negligence of the party not performing. <br /> <br /> <br />11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the <br /> <br />12 date first written above. <br /> <br />14 <br /> <br />COSTA M~/, <br /> <br />By: {{u4 ~ <br /> <br />Mayor, City of Costa'Mesa <br /> <br />ORANGE COUNTY TRANSPORTATION AUTHORITY <br /> <br />13 <br /> <br />---. <br /> <br />By: alJ.i:v:;~ ~ ~ <br />Arthur T. Leahy <br />Chief Executive Officer <br /> <br />15 <br /> <br />16 <br /> <br />17 <br /> <br />ATTEST: <br /> <br />C~~/~ <br /> <br />By: <br /> <br />APPROVED AS TO FORM: <br /> <br />Clerk of the Council <br /> <br /> <br />18 <br /> <br />19 <br /> <br />20 <br /> <br />21 <br /> <br />APP~ AS TO FORM: <br /> <br />~~~ A ~ rJ.v--r ~ <br /> <br /> <br />By: <br />tanley . Phernambucq, Executive Director <br />Construction and Engineering <br /> <br />22 <br /> <br />23 <br /> <br />24 <br /> <br />25 <br /> <br />26 <br /> <br />KPEREZ:CF <br />L:\CAMM\CLER1CALICLERICALIWORDPROC\AGREEIAG52592.DOC <br /> <br />Page 9 of 10 <br />