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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 />AGREEMENT NO. C -5 -3632 <br />both Parties. <br />E. Compliance; AUTHORITY and CITY shall comply with all applicable federal, state, and <br />local laws, statues, ordinances and regulations of. any governmental authority having <br />jurisdiction over the PROJECT. <br />F. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to <br />execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties <br />hereto are formally bound to the provisions of this Agreement. <br />G. Severability: If any term, provision, covenant or condition of this Agreement is held to be <br />invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the <br />remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or <br />condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law, <br />H. Counterparts of Agreement: This Agreement may be executed and delivered in any <br />number of counterparts, each of which, when executed and delivered shall be deemed an original and <br />all of which together shall constitute the same agreement. Facsimile or electronic signatures will be <br />permitted. <br />I. Force Majeure: Either Party shall be excused from performing its obligations under this <br />Agreement during the time and to the extent that it is prevented from performing by an unforeseeable <br />cause beyond its control, Including but not limited to; any incidence of fire, flood; acts of God; <br />commandeering of material, products, plants or facilities by the federal, state or local government; <br />national fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of <br />such cause Is presented to the other Party, and provided further that such nonperformance is <br />unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. <br />J. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, <br />or authority hereunder may be assigned in whole or in part by either Party without the prior written <br />consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be <br />deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to <br />25Ra2fff 12 <br />