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AGREEMENT NO. C-0-1812 I E. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to 2 execute this Agreement on behalf of said parties and that, by so executing this agreement, the 3 parties hereto are formally bound to the provisions of this Agreement. a F. Severability: If any term, provision, covenant or condition of this Agreement is held to s be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the 6 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or 7 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 8 G. Counterparts of Agreement: This Agreement may be executed and delivered in any v number of counterparts, each of which, when executed and delivered shall be deemed an original 10 and all of which together shall constitute the same agreement. Facsimile signatures will be II permitted. 12 H. Force Majeure: Either Party shall be excused from performing its obligations under this 13 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable la cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; lS commandeering of material, products, plants or facilities by the federal, state or local government; 16 national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of 17 such cause is presented to the other Party, and provided further that such nonperformance is 18 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. 19 I. Assignment: Neither this Agreement, nor any of the PARTIES rights, obligations, duties, 20 or authority hereunder may be assigned in whole or in part by either Party without the prior written 21 consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be 22 deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to 23 any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. 24 J. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to 25 authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the 26 terms, in amounts, or for purposes other than as authorized by local, state or federal law. Page 8 of 10 L Camm\C LERICALICLERICAL\WORDPROCAGREE\NGO1812 20B-10