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COOPERATIVE AGREEMENT NO. C-2-1905 <br />1 party after giving thirty (30) days written notice. C. This Cooperative Agreement may be amended <br />2 in writing at any time by the mutual consent of both parties. No amendment shall have any force or <br />3 effect unless executed in writing by both parties. <br />a D. AUTHORITY and CITY shall comply with all applicable federal, state, and local laws, <br />s statues, ordinances and regulations of any governmental authority having jurisdiction over <br />G PROJECT. <br />v E. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to <br />s execute this Cooperative Agreement on behalf of said parties and that, by so executing this <br />9 agreement, the parties hereto are formally bound to the provisions of this Cooperative Agreement. <br />10 F. Severability: If any term, provision, covenant or condition of this Cooperative <br />ii Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of <br />12 competent jurisdiction, the remainder of this Cooperative Agreement shall not be affected thereby, <br />13 and each term, provision, covenant or condition of this Cooperative Agreement shall be valid and <br />14 enforceable to the fullest extent permitted by law. <br />is G. Counterparts of Agreement: This Cooperative Agreement may be executed and <br />16 delivered in any number of counterparts, each of which, when executed and delivered shall be <br />17 deemed an original and all of which together shall constitute the same agreement. Facsimile <br />is signatures will be permitted. <br />19 H. Force Majeure: Either AUTHORITY and CITY shall be excused from performing its <br />20 obligations under this Cooperative Agreement during the time and to the extent that it is prevented from <br />21 performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of <br />22 fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or <br />23 local government; national fuel shortage; or a material act or omission by the other party; when <br />24 satisfactory evidence of such cause is presented to the other party, and provided further that such <br />25 nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the <br />26 AUTHORITY and CITY not performing. <br />Page 8 of 11 <br />