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<br />AGREEMENT NO. C-8-XXXX <br /> <br />1 subsequent assignment, nor the waiver of any right to consent to such subsequent <br />2 assignment. <br /> <br />3 <br /> <br />Either party shall be excused from performing its obligations under this <br /> <br />K. <br /> <br />4 Agreement during the time and to the extent that it is preventeqt, from performing by an <br /> <br />Ii <br /> <br />5 unforeseeable cause beyond its control, including but not limiteq tQtlany incidence of fire, flood, <br />6 acts of God, commandeering of material, products, plants faCilities by the federal, state or <br />7 local government, national fuel shortage, or a material omissioribythe other party, when <br /> <br />8 <br /> <br />satisfactory evidence of such cause is presented <br /> <br /> <br />other party, and provided further that <br /> <br />9 such nonperformance is unforeseeable, beydnc;J1 the controll:lr;ld is not due the fault or <br />10 negligence of the party not performing. <br />11 This Agreement shall be madeeff~q~!ye upon executiQn by both parties. <br />12 f <br />13 fiN WITNESS WHEREOF, the panties hereto have caused this Agreement <br /> <br />14 <br /> <br />'15 <br /> <br />16 <br /> <br />17 <br /> <br />No, C-8-XXXX to be executed <br /> <br />date first above written. <br /> <br /> <br />ORANGE COUNTY TRANSPORTATION <br />AUTHORITY <br />By: <br /> <br />CITY OF SANTA ANA <br /> <br />By: <br />DAVID.N.REAM <br /> <br />Arthur T. Leahy <br />Chief Executive Officer <br /> <br />18 <br />19 <br />20 ATTEST: APPROVED AS TO FORM <br /> <br />City Mahaqer <br /> <br />21 By: _ By: <br /> <br />22 PATRICIA E. HEAL YClerk of the Council Kennard R. Smart, Jr. <br />General Counsel <br /> <br />23 <br />24 <br />25 <br /> <br />26 <br /> <br />APPROVED AS TO FORM: <br />JOSEPH W. FLETCHER <br /> <br />APPROVAL RECOMMENDED: <br />By: <br /> <br />City Attorney <br /> <br />Kia MortazaviExecutive Director <br /> <br />Page 9 of 10 <br /> <br />25C-11 <br />