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COOPERATIVE AGREEMENT NO. C-2-1849 <br />1 11 permitted. <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 />H. Force Maieure: Each of the PARTIES shall be excused from performing its <br />obligations under this Agreement during the time and to the extent that it is prevented from <br />performing by an unforeseeable cause beyond its control, including but not limited to; any incidence <br />of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, <br />state or local government; national fuel shortage; or a material act or omission by the other PARTY; <br />when satisfactory evidence of such cause is presented to the other PARTY, and provided further <br />that such nonperformance is unforeseeable, beyond the control and is not due to the fault or <br />negligence of the PARTY not performing. <br />1. Assignment: Neither this Agreement, nor any of the PARTIES' rights, obligations, <br />duties, or authority hereunder may be assigned in whole or in part by any PARTY without the prior <br />written consent of the other PARTIES in their sole and absolute discretion. Any such attempt of <br />assignment shall be deemed void and of no force and effect. Consent to one assignment shall not <br />be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such <br />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 />K. Governing Law: The laws of the State of California and applicable local and federal <br />laws, regulations and guidelines shall govern this Agreement. <br />L. Litigation fees: Should litigation arise out of this Agreement for the performance <br />thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing <br />PARTY. <br />Page 10 of 12 <br />L: Camm\C LERICAL\CLERICAL\WO RDPROC\AG R EE W G21849.doc <br />25G-14