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21. Attorneys' Fees. With the exception of termination of the Agreement pursuant to <br />Section 2(d) and 11(,d), if a Party hereto files any action or brings any action or proceeding <br />against another Party arising out of this Agreement, then the prevailing Party shall be entitled to <br />recover as an element of its costs of suit, and not as damages, its reasonable attorneys' fees as <br />fixed by the court, in such action or proceeding or in a separate action or proceeding brought to <br />recover such attorneys' fees. For the purposes hereof the words "reasonable attorneys' fees" <br />mean and include, in the case of the City, salaries (or fees) and expenses of the lawyers <br />employed by the City (allocated on an hourly basis) who may provide legal services in <br />connection with the representation of the City in any such matter. <br />22. Enforced Delay. No party shall be deemed in default of its obligations under <br />this Agreement where a delay or default is due to an act of God, natural disaster, accident, <br />breakage or failure of equipment, enactment of conflicting federal or state laws or regulations, <br />third -party litigation, administrative action including, strikes, lockouts or other labor <br />disturbances or disputes of any character, interruption of services by suppliers thereof, <br />unavailability of materials or labor, unforeseeable and severe economic conditions, rationing or <br />restrictions on the use of utilities or public transportation whether due to energy shortages or <br />other causes, war, civil disobedience, riot, or by any other severe and unforeseeable occurrence <br />that is beyond the cmLhnl of that party (collectively, "Enforced Delay "), Performance by a party <br />of its obligations shall be excused during, and extended for a period of time equal to, the period <br />(on a day -for -day basis) for which the cause of such Enforced ,Delay is in effect. <br />[Signatures on following page] <br />EXHIBIT 1 <br />25J -10 <br />