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1 <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 />COOPERATIVE AGREEMENT NO. C-2-2030 <br />D. Legal Authority: The AUTHORITY and the PARTICIPATING AGENCIES hereto <br />represent that they are authorized to execute this Agreement on behalf of said parties and that, by so <br />executing this agreement, the parties hereto are formally bound to the provisions of this Agreement. <br />E. Severability: If any term, provision, covenant or condition of this Agreement is held to be <br />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 />F. 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 and <br />all of which together shall constitute the same agreement. Facsimile signatures will be permitted. <br />G. In the event that the PROJECT Costs exceed the estimates as submitted in the <br />APPLICATION as prepared by the APPLICANT AGENCY, all parties agree to meet and determine <br />PROJECT revisions to meet the budget or a revised funding proposal by PARTICIPATING AGENCIES <br />which shall be documented and submitted in writing as a revision to the agreement. <br />H. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal, <br />state and local laws, statutes, ordinances and regulations of any governmental authority having <br />jurisdiction over the PROJECT. <br />I. Force Maieure: Either Party shall be excused from performing its obligations under this <br />Agreement during the time and to the extent that it is prevented from performing by an unforeseeable <br />cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; <br />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 performing. <br />J. Assignment: Neither this Agreement, nor any of the Parties rights, obligations, duties, or <br />authority hereunder may be assigned in whole or in part by either Party without the prior written consent <br />Page 9 of 15 1 <br />