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8. Severability. In the event that anv one or more of the provisions <br />contained herein, or the application thereof in any circumstances, is held invalid, illegal <br />or unenforceable in any respect for any reason, the remainder of this Amendment and <br />application of such pro%isions(s) to other circumstances, shall be interpreted so as best to <br />reasonably effect the intent of the parties hereto. <br />9. Enforcement of this Amendment. The parties acknowledge and agree that <br />the provisions of this Amendment relating to the construction of certain physical <br />improvements to improve the circulation of vehicles, is intended and shall be interpreted <br />to be mitigation of impacts of the disposal and reuse of MCAS Tustin as set forth in the <br />FEIS /FEIR. The parties acknortiledge and agree that the provisions of this Amendment <br />relating to such improvements ( "mitigation measures) are intended and shall be <br />interpreted as mitigation of significant impacts to the environment. Further, the parties <br />acknowledge and agree that the mitigation measures set forth in this Amendment mitigate <br />significant impacts to the same extent and level as Mitigation Measures identified within <br />the jurisdictional boundaries of Santa Ana in the FEIS /FErR , implement Mitigation <br />Measures T /C -8 and T /C- 9 in the FEIS /FELR and that said mitigation measures set forth <br />in this Amendment shall be fully enforceable both in law and in equity as "mitigation <br />measures" pursuant to NNEPA, CEQA and A$ 3180 (Chapter 1232, Statutes 1988). <br />10. Force Majeure. Neither of the parties hereto shall be responsible for <br />any delay in its performance hereunder resulting from shortage of labor or materials, <br />delivery delay, major equipment breakdown, load management, strike, labor disturbance, <br />war, riot, insurrection, civil disturbance, weather conditions, epidemic, quarantine <br />restriction, sabotage, act of public enemy, earthquake, governmental rule, regulation or <br />order, including orders orjudgtnents of any court or regulatory body, act of God, or from <br />any other cause or condition beyond the reasonable control of the parties. <br />12. Time is of the Essence. Except as provided in paragraph j. above, <br />relating to failure or delay in performance, time is of the essence in respect to all <br />provisions of this Amendment in which a definite threshold for performance is specified. <br />13. Farther Assurances. Subject to the terms and conditions hereof, <br />the parties agree to cooperate with each other and to perform Stich further acts or execute <br />and deliver such additional instruments or documents as any party may reasonably <br />request in order to carry out the purposes of this Amendment and the transactions <br />contemplated hereby. <br />[Signatures provided on next page} <br />12 <br />