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COOPERATIVE AGREEMENT NO. C-1-3099 <br />i J. Counterparts of Agreement: This Agreement may be executed and delivered in any <br />2 number of counterparts, each of which, when executed and delivered shall be deemed an original <br />3 and all of which together shall constitute the same agreement. Facsimile signatures will be <br />a permitted. <br />s K. Assignment: Neither this Agreement, nor any of the Parties rights, obligations, duties, or <br />6 authority hereunder may be assigned in whole or in part by either Party without the prior written consent <br />7 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed <br />8 void and of no force and effect. Consent to one assignment shall not be deemed consent to any <br />9 subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. <br />10 L. 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 />12 terms, in amounts, or for purposes other than as authorized by local, state, or federal law. <br />13 M. Governing Law: The laws of the State of California and applicable local and federal <br />14 laws, regulations, and guidelines shall govern this Agreement. <br />15 N. Litigation Fees: Should litigation arise out of this Agreement for the performance thereof, <br />16 each party shall be responsible for its own costs and expenses, including attorney's fees. <br />17 O. Force Maieure: Either party shall be excused from performing its obligations under this <br />is Agreement during the time and to the extent that it is prevented from performing by an unforeseeable <br />19 cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; <br />20 commandeering of material, products, plants or facilities by the federal, state or local government; <br />21 national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of <br />22 such cause is presented to the other party, and provided further that such nonperformance is <br />23 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. <br />24 <br />/ <br />2s / <br />26 / <br />Page 15 of 16 <br />L. Camm\CLERICAL\CLERICAL\WORDPROC\AGREE\AMEND\AG13009