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1 <br />2 <br />3 <br />4 <br />s <br />6 <br />7 <br />s <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />1s <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />AGREEMENT NO. C-2-1640 <br />C. This Agreement may be amended in writing at any time by the mutual consent of both <br />PARTIES. No amendment shall have any force or effect unless executed in writing by both <br />PARTIES. <br />D. AUTHORITY and CITY shall comply with all applicable federal, state, and local laws, <br />statutes, ordinances and regulations of any governmental authority having jurisdiction over the <br />PROJECT. <br />E. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to <br />execute this Agreement on behalf of said PARTIES and that, by so executing this agreement, the <br />PARTIES hereto are formally bound to the provisions of this Agreement. <br />F. Severability: If any term, provision, covenant or condition of this Agreement is held to <br />be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the <br />remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or <br />condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. <br />G. 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 <br />and all of which together shall constitute the same agreement. Facsimile signatures will be <br />permitted. <br />H. Force Majeure: Either PARTY shall be excused from performing its obligations under <br />this Agreement during the time and to the extent that it is prevented from performing by an <br />unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of <br />God; 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 <br />performing. <br />Page 10 of 12 <br />L:Camm\CLERICAL\CLEW CAL\WORDPROC\AGREEWG21640.doc <br />