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1 <br />z <br />3 <br />4 <br />s <br />G <br />s <br />to <br />11 <br />lz <br />13 <br />14 <br />15 <br />1G <br />1� <br />18 <br />19 <br />20 <br />21 <br />zz <br />23 <br />24 <br />zs <br />26 <br />AGREEMENT NO. C -O -1812 <br />E. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to <br />execute this Agreement on behalf of said parties and that, by so executing this agreement, the <br />parties hereto are formally bound to the provisions of this Agreement. <br />F. Severability: If any term, provision, covenant or condition of this Agreement is held to <br />be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the <br />remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or <br />condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. <br />G. Counterparts of Agreement: This Agreement may be executed and delivered in any <br />number of counterparts, each of which, when executed and delivered shall be deemed an original <br />and all of which together shall constitute the same agreement. Facsimile signatures will be <br />permitted. <br />H. Force Maieure: 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 unforeseeable <br />cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; <br />commandeering of material, products, plants or facilities by the federal, state or local government; <br />national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of <br />such cause is presented to the other Party, and provided further that such nonperformance is <br />unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. <br />I. Assignment: Neither this Agreement, nor any of the PARTIES rights, obligations, duties, <br />or authority hereunder may be assigned in whole or in part by either Party without the prior written <br />consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be <br />deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to <br />any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. <br />J. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to <br />authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the <br />terms, in amounts, or for purposes other than as authorized by local, state or federal law. <br />Page 8 of 10 <br />L: Camm\ CLERICAL \CLERICAL \WOR DPROCWGREEWG01 B'12 <br />