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AGREEMENT NO. C-8-X~CX <br />subsequent assignment, nor the waiver of any right to consent to such subsequent <br />assignment. <br />K. 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 <br />unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood, <br />acts of God, commandeering of material, products, plants or facilities by the federal, state or <br />local government, national fuel shortage, or a material act or omission by the other party, when <br />satisfactory evidence of such cause is presented to the other party, and provided further that <br />such nonperformance is unforeseeable, beyond 'the control and is not due to the fault or <br />negligence of the party not performing. <br />This Agreement shall be made effective upon execution by both parties. <br />/IN WITNESS WHEREOF, the parties hereto have caused this Agreement <br />No. G8-X)OCX to be executed on the date first above written. <br />CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION <br />AUTHORITY <br />By: gy: <br />DAVID N. REAM <br />City Manager <br />ATTEST: <br />sy: _ <br />PATRICIA E. HEALYCIerk of the Council <br />APPROVED AS TO FORM: <br />JOSEPH W. FLETCHER <br />City Attorney <br />Arthur T. Leahy <br />Chief Executive Officer <br />APPROVED AS TO FORM. <br />By: <br />Kennard R. Smart, Jr. <br />General Counsel <br />APPROVAL RECOMMENDED: <br />By: <br />Kia MortazaviExecutive Director <br />Page 9 of 10 <br />25C-11 <br />