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AGREEMENT NO. C- X -XXXX 1 F. Legal Authority; AUTHORITY and CITY hereto consent that they are authorized to 2 execute this Cooperative Agreement on behalf of said PARTIES and that, by so executing this 3 agreement, the PARTIES hereto are formally bound to the provisions of this Cooperative Agreement. 4 G. Severability: If any term, provision, covenant or condition of this Cooperative Agreement 5 is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent 6 jurisdiction; the remainder of this Cooperative Agreement shall not be affected thereby, and each term, 7 provision, covenant or condition of this Cooperative Agreement shall be valid and enforceable to the 8 fullest extent permitted by law. 9 H. Counterparts of Agreement: This Cooperative Agreement may be executed and 10 delivered in any number of counterparts, each of which, when executed and delivered shall be deemed 11 an original and all of which together shall constitute the same agreement. Facsimile signatures will be 12 permitted. 13 I. Force Maieure: Either AUTHORITY and CITY shall be excused from performing its 14 obligations under this Cooperative Agreement during the time and to the extent that it is prevented from 15 performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of 16 fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or 17 local government; national fuel shortage; or a material act or omission by the other Parry; when 18 satisfactory evidence of such cause is presented to the other Party, and provided further that such 19 nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the 20 AUTHORITY and CITY not performing. 21 1 Assignment: Neither this Cooperative Agreement, nor any of the AUTHORITY and 22 CITY rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either 23 AUTHORITY and CITY without the prior written consent of the other Party in its sole and absolute 24 discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent 25 to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any 26 right to consent to such subsequent assignment. Page 9 of 11 20B -13