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may terminate this Agreement if the other Is unable to perform any obligation hereunder for a period longer than len (10) calendar days due to such force majeure event, In which case KaB00Ml shall refund to the Community Partner any amounts paid to KaB00Ml, less expenses already committed and/or incurred prior to the date of such terminallon, If, upon termination as provided herein, the sum due KaB00Ml by the Community Partners exceeds the sum paid to KaB00Ml hereunder, the Community Partners shall pay KaB00Ml for any such additional sum due upon presentation of appropriate documentation within thirty (30) days of Invoice. Except as set forth above, upon any termination, this Agreement shall become void and have no effect, and no party shall have any liability to the other party, except that nothing herein All relieve any party from liability for any Intentional breach of this Agreement prior to such termination. B. General Provision, The Community Partners represents to KaBOOMI that all information provided by It to KaSOOMI, Including in the Playground Profile Application, is true, correct and complete In all respects and does not omit any Information relevant to the Project. Each party has all requisite power and authority, including any necessary approval by Its governing body, to execute and deliver this Agreement, and to perform Its obligations hereunder, This Agreement may not be assigned cr transferred by either party without the prior written consent of the other party hereto, This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors and permitted assigns, and where expressly stated, their affiliates and representatives, This Agreement shall be governed by and construed under the laws of the State of California, without regard to conflicts of laws principles to the extent that the application of the laws of another jurisdiction would be required thereby. This Agreement may be altered, modified or amended only by a written document signed by both parties. This Agreement may be executed In two or more counterparts, each of which shall be an original and all of which, when taken together, shall constitute the same agreement and may be delivered by facsimile or electronic mail transmission with the same force and effect as if originally executed copies hereof were delivered. Any notices required or permitted to be given hereunder shall be sent by certified or registered United States mail, postage prepaid, by personal delivery addressed to the applicable party or by facsimile or electronic mail transmission (the receipt of which Is ooniirmed) at the address set forth under such patty's signature below. The Funding Partner shall be an intended third party beneficiary of Sections 1(b), (e), (r,, (g), (h), (1) and Q) and Sections 2(b), 3, 4 and B of this Agreement and is entitled to enforce its rights under such sections as If it were a party to this Agreement.