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AGREEMENT NO. C-2-1640 <br />1 C. This Agreement may be amended in writing at any time by the mutual consent of both <br />2 PARTIES. No amendment shall have any force or effect unless executed in writing by both <br />3 PARTIES. <br />4 D. AUTHORITY and CITY shall comply with all applicable federal, state, and local laws, <br />5 statutes, ordinances and regulations of any governmental authority having jurisdiction over the <br />6 PROJECT. <br />7 E. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to <br />s execute this Agreement on behalf of said PARTIES and that, by so executing this agreement, the <br />9 PARTIES hereto are formally bound to the provisions of this Agreement. <br />10 F. Severability: If any term, provision, covenant or condition of this Agreement is held to <br />11 be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the <br />12 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or <br />13 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. <br />14 G. Counterparts of Agreement: This Agreement may be executed and delivered in any <br />11; number of counterparts, each of which, when executed and delivered shall be deemed an original <br />16 and all of which together shall constitute the same agreement. Facsimile signatures will be <br />17 permitted. <br />is H. Force Maieure: Either PARTY shall be excused from performing its obligations under <br />19 this Agreement during the time and to the extent that it is prevented from performing by an <br />20 unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of <br />21 God; commandeering of material, products, plants or facilities by the federal, state or local government; <br />22 national fuel shortage; or a material act or omission by the other PARTY; when satisfactory evidence of <br />23 such cause is presented to the other PARTY, and provided further that such nonperformance is <br />24 unforeseeable, beyond the control and is not due to the fault or negligence of the PARTY not <br />25 performing. <br />26 / <br />Page 10 of 12 <br />L Camm\CLERICAL\CLERICAL\WORDPROCwGREE\HG21640.doc <br />25B-12