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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />AGREEMENT NO. C -9 -0258 <br />E. The provision of this Agreement shall bind and inure to the benefit of each of the parties <br />hereto and all successors or assigns of the parties hereto. <br />F. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or <br />otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder to this <br />Agreement shall not be affected thereby, and each term, provision, covenant or condition of this <br />Agreement shall be valid and enforceable to the fullest extent permitted by law. <br />G. This Agreement may be executed and delivered in any number of counterparts, each of <br />which, when executed and delivered shall be deemed an original and all of which together shall <br />constitute the same agreement. <br />H. PARTIES shall be excused from performing its obligations under this Agreement during the <br />time and to the extent that it is prevented from performing by an unforeseeable cause beyond its <br />control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, <br />products, plants or facilities by the federal, state or local government; national fuel shortage; or a <br />material act or omission by the other parry; when satisfactory evidence of such cause is presented to <br />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 />ARTICLE 4. TERM OF AGREEMENT <br />The term of this Agreement shall commence upon execution by all of the PARTIES and <br />continue in full force and effect for one year. The Agreement shall renew automatically for another year <br />and annually thereafter unless any PARTY gives notice more than 30 days before the end of the term <br />of its intent not to renew. AUTHORITY may terminate this Agreement at any time by providing the <br />other PARTIES with thirty (30) calendar days written notice of its intent to terminate. <br />ARTICLE 5. USE OF SATT <br />AUTHORITY agrees to allow the restrooms within the SATT to be available for use by the <br />general public from 8 AM to 5 PM seven days a week. This public use of the restrooms within the <br />SATT shall commence after the completion of the construction of a partition that will permit the public to <br />Page 4 of 12 <br />