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<br />AGREEMENT NO. C-9-0560 <br /> <br />1 H. This Agreement may be executed and delivered in any number of counterparts, each of <br />2 which, when executed and delivered shall be deemed an original and all of which together shall <br />3 constitute the same agreement. Facsimile signatures will be permitted. <br />4 I. Neither this Agreement, nor any of a Party's rights, obligations, duties, or authority <br />5 hereunder may be assigned in whole or in part by either Party without the prior written consent of the <br />6 other Party. Any such attempt of assignment shall be deemed void and of no force and effect. Consent <br />7 to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any <br />8 right to consent to such subsequent assignment. <br />9 J. Either party shall be excused from performing its obligations under this Agreement <br />10 during the time and to the extent that it is prevented from performing by an unforeseeable cause <br />11 beyond its control, including but not limited to: any incidence of fire, flood, acts of God, commandeering <br />12 of material, products, plants or facilities by the federal, state or local government, national fuel shortage, <br />13 or a material act or omission by the other party, when satisfactory evidence of such cause is presented <br />14 to the other party, and provided further that such nonperformance is unforeseeable, beyond the control <br />15 and is not due to the fault or negligence of the party not performing. <br />16 I <br />17 <br />18 I <br />19 I <br />20 I <br />21 I <br />22 I <br />23 I <br />24 <br />25 I <br />26 I <br /> <br />Page 7 of 8 <br />