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5.11 Force Maieure. The obligations by either party hereunder shall not be deemed in <br />default and times for performance hereunder shall be extended where delays are caused by <br />fire/casualty losses; strikes, riots or war; litigation; unusually severe weather; inability to secure <br />necessary labor, materials or tools because of a shortage in the market; delays of any contractor, <br />subcontractor or supplier; unjustified acts or failure to act by City in the processing or approval <br />of plans or permits or inspection or approvals of improvements for IPC's relocation of its <br />headquarters for its California business and sales office to the City; acts of God, or other similar <br />causes without the fault and beyond the reasonable control of the party, despite the party's <br />diligent efforts (collectively, "force majeure"), if written notice is provided to the other party <br />within a reasonable period following commencement of any such circumstances and, provided <br />further, that the extension of time shall be only for the period of the force majeure delay. <br />Adverse market conditions or the inability to obtain financing shall not constitute an event of <br />force majeure. <br />5.12 Counterparts. This Agreement may be executed in two or more counterparts, <br />each of which when so executed and delivered shall be deemed an original and all of which, <br />when taken together, shall constitute one and the same instrument. <br />IN WITNESS WHEREOF, City and IPC have entered into this Agreement as of the date <br />first written above. <br />ATTEST: <br />City Clerk <br />APPROVED AS TO FORM: <br />City Attorney <br />CITY OF SANTA ANA, a California <br />charter city <br />Miguel Pulido <br />Mayor <br />By: <br />IPC (USA), INC., a California corporation <br />By: <br />Hiroki Okinaga <br />Chief Executive Officer <br />By: <br />Jim Takeuchi <br />Chief Financial Officer <br />131070875-0001 <br />59404271 07 10 11 2 5 KA 3