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<br />COOPERATIVE AGREEMENT C-1-3022 <br />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 />F. 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 and <br />all of which together shall constitute the same agreement. Facsimile signatures will be permitted. <br />G. In the event that the PROJECT Costs exceed the estimates as submitted in the <br />APPLICATION as prepared by the APPLICANT AGENCY, all parties agree to meet and determine <br />PROJECT revisions to meet the budget or a revised funding proposal by PARTICIPATING AGENCIES <br />which shall be documented and submitted in writing as a revision to the agreement. <br />H. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal, <br />state and local laws, statutes, ordinances and regulations of any governmental authority having <br />jurisdiction over the PROJECT. <br />1. Force Majeure: 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 />J. Assignment: Neither this Agreement, nor any of the Parties rights, obligations, duties, or <br />authority hereunder may be assigned in whole or in part by either Party without the prior written consent <br />of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed <br />void and of no force and effect. Consent to one assignment shall not be deemed consent to any <br />subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. <br />K. 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 9 of 14 <br />25B-11