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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 />MEMORANDUM OF UNDERSTANDING NO. C-4-7772 <br />its City Manager, or his/her designee, and the actions required to be taken by AUTHORITY in the <br />implementation for this MOU are delegated to its Chief Executive Officer, or his designee. <br />ARTICLE 7. ADDITIONAL PROVISIONS <br />The AUTHORITY and CITY agree to the following mutual responsibilities for PROJECT: <br />A. Term of Agreement — All work under this MOU shall be completed no later than November <br />30, 2016, unless terminated earlier, or extended, by mutual written consent by both Parties. <br />B. This MOU may only be modified or amended in writing. All modifications, amendments, <br />changes and revisions of this MOU in whole or part, and from time to time, shall be binding upon the <br />parties, so long as the same shall be in writing and executed by AUTHORITY and CITY. <br />C. This MOU shall be governed by and construed with the federal, state and local laws. <br />AUTHORITY and CITY warrant that in the performance of this MOU, it shall comply with all applicable <br />federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations <br />promulgated thereunder. <br />D. Either party shall be excused from performing its obligations under this Agreement during <br />the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its <br />control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, <br />products, plants or facilities by federal, state or local government; national fuel shortage; or a material <br />act or omission by any party; when satisfactory evidence of such cause is presented to that other party, <br />and provided further such nonperformance is unforeseeable, beyond the control and is not due to the <br />fault or negligence of the party not performing. <br />/ <br />/ <br />/ <br />Page 3 of 5 <br />