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<br />The City of Santa Ana Parks, Recreation and Community Services Agency Letter of Agreement 8 <br />January 11, 2008 <br /> <br />herein and supersedes and replaces any and all previous agreements and all amendments <br />thereto. <br /> <br />6.7. Assignment. This Agreement may not be assigned, delegated or transferred by either party <br />without the prior written consent of the other party hereto. <br /> <br />6.8. Force Majeure. If either of the parties hereto is delayed or prevented from fulfilling any of its <br />obligations under this Agreement by Force Majeure, said party shall not be liable under this <br />Agreement for said delay or failure. "Force Majeure" means any cause beyond the reasonable <br />control of a party, including, but not limited to acts of God, acts of omission of civil or military <br />authorities of a state or nation, fire, strike, fiood, riot, act of terrorism, war, delay of transportation, <br />or inability due to the aforementioned causes to obtain necessary labor, materials or facilities. <br />Either party, however, may terminate this Agreement if the other is unable to perform any <br />obligation under the Agreement for a period longer than ten (10) calendar days due to such a <br />force majeure event. In the event of any such termination, KaBOOM! shall refund to the <br />Community Partner any monies paid to KaBOOM!, less expenses already committed to and/or <br />incurred prior to the date of termination. If, upon termination as provided herein, the sum due <br />KaBOOM! by Community Partner, exceeds the sum paid to KaBOOM! hereunder, Community <br />Partner agrees to pay KaBOOM! for any such additional sum due upon presentation of <br />appropriate documentation within 30 days of invoice. <br /> <br />6.9. Waiver. A waiver by either party of a breach or failure to perform shall not constitute a waiver of <br />any subsequent breach or failure. <br /> <br />