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<br />AGREEMENT NO. C~9.0823 <br /> <br />2 <br /> <br />F. The headings of all sections of this Agreement are inserted solely for the convenience <br />of reference and are not part of and not intended to govern, limit or aid in the construction or <br />interpretation of any terms or provision thereof. <br />G. The provision of this Agreement shall bind and inure to the benefit of each of the <br />parties hereto and all successors or assigns of the parties hereto. <br />H. If any term, provision, covenant or condition of this Agreement is held to be invalid, <br />void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder <br />to this Agreement shall not be affected thereby, and each term, provision, covenant or condition of <br />this Agreement shall be valid and enforceable to the fullest extent permitted by law. <br />I. This Agreement may be executed and delivered in any number of counterparts, each <br />of which, when executed and delivered shall be deemed an original and all of which together shall <br />constitute the same agreement. Facsimile signatures will be permitted. <br />J. Either party shall be excused from performing its obligations under this Agreement <br />during the time and to the extent that it is prevented from performing by an unforeseeable cause <br />beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering <br />of material, products, plants or facilities by the federal, state or local government; national fuel shortage; <br />or a material act or omission by the other party; when satisfactory evidence of such cause is presented <br />to the other party, and provided further that such nonperformance is unforeseeable, beyond the control <br />and is not due to the fault or negligence of the party not performing. <br />/ <br />/ <br /> <br />3 <br /> <br />4 <br />5 <br />6 <br /> <br />7 <br /> <br />8 <br /> <br />9 <br /> <br />10 <br /> <br />11 <br /> <br />12 <br /> <br />13 <br />14 <br /> <br />15 <br /> <br />16 <br /> <br />17 <br />18 <br />19 <br />20 <br /> <br />21 <br /> <br />22 <br /> <br />23 <br /> <br />24 <br /> <br />25 <br /> <br />26 <br /> <br />I <br />/ <br />I <br />/ <br /> <br />Page 11 of 12 <br />