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COOPERATIVE AGREEMENT NO. C -4 -1882 <br />BRISTOL STREET — TSSP <br />1 number of counterparts, each of which, when executed and delivered shall be deemed an original and <br />2 all of which together shall constitute the same agreement. Facsimile signatures will be permitted. <br />3 H. Farce Maieure: Either Party shall be excused from performing its obligations under this <br />4 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable <br />5 cause beyond its control, including but not limited to; any Incidence of fire, flood; acts of God; <br />6 commandeering of material, products, plants or facilities by the federal, state or local government; <br />7 national fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of <br />8 such cause is presented to the other Party, and provided further that such nonperformance is <br />9 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. <br />10 I. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or <br />11 authority hereunder may be assigned in whole or in part by either Party without the prior written consent <br />12 of the other Party in its sole and absolute discretion. Any such attempt of assignment <br />13 shall be deemed void and of no force and effect. Consent to one <br />14 assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any <br />15 right to consent to such subsequent assignment. <br />16 J. Governing Law: The laws of the State of California and applicable local and federal laws, <br />17 regulations and guidelines shall govern this Agreement. <br />18 K. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, <br />19 the court shall award costs and expenses, including attorney's fees, to the prevailing party. <br />20 L. Notices: Any notices, requests, or demands made between the Parties pursuant to this <br />21 Agreement are to be directed as follows: <br />22 <br />23 1 <br />24 <br />25 <br />26 1 <br />Page 10 of 14 <br />20A -12 <br />