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<br /> <br /> <br /> <br /> COOPERATIVE AGREEMENT NO. C-2-1992 <br /> <br /> <br /> <br /> <br /> 1 D. Legal Authority: The AUTHORITY and the PARTICIPATING AGENCIES hereto <br /> 2 represent that they are authorized to execute this Agreement on behalf of said parties and that, by so <br /> <br /> 3 executing this agreement, the parties hereto are formally bound to the provisions of this Agreement. <br /> <br /> 4 E. Severability: If any term, provision, covenant or condition of this Agreement is held to be <br /> 5 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the <br /> <br /> 6 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or <br /> 7 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. <br /> <br /> 8 F. Counterparts of Agreement: This Agreement may be executed and delivered in any <br /> <br /> 9 number of counterparts, each of which, when executed and delivered shall be deemed an original and <br /> 10 all of which together shall constitute the same agreement. Facsimile signatures will be permitted. <br /> <br /> 11 G. In the event that the PROJECT Costs exceed the estimates as submitted in the <br /> <br /> 12 APPLICATION as prepared by the APPLICANT AGENCY, all parties agree to meet and determine <br /> 13 PROJECT revisions to meet the budget or a revised funding proposal by PARTICIPATING AGENCIES <br /> <br /> 14 which shall be documented and submitted in writing as a revision to the agreement. <br /> 15 H. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal, <br /> <br /> 16 state and local laws, statutes, ordinances and regulations of any governmental authority having <br /> <br /> 17 jurisdiction over the PROJECT. <br /> 18 I. Force Maieure: Either Party shall be excused from performing its obligations under this <br /> <br /> 19 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable <br /> <br /> 20 cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; <br /> 21 commandeering of material, products, plants or facilities by the federal, state or local government; <br /> <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 /> <br /> 24 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. <br /> <br /> 25 J. Assignment: Neither this Agreement, nor any of the Parties rights, obligations, duties, or <br /> 26 authority hereunder may be assigned in whole or in part by either Party without the prior written consent <br /> <br /> i <br /> <br /> Page 9 of 15 <br /> 25D-11 <br />