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COOPERATIVE AGREEMENT NO. C-6-1433 <br />1 due diligence. Force Majeure events shall include, but not be limited to: (1) discovery of any resources <br />2 or a change In law which requires a state or federal approval that was not previously required for the <br />3 Project; (ii) regulatory and technical changes not previously required for the Project; (iii) fire, flood, <br />4 earthquake, or other natural disaster; (iv) strikes and labor disputes of greater than 30 days; (v) delays <br />5 caused by permitting agencies that exceed the reasonably anticipated review times; (vi) failure of <br />6 utilities to relocate in a reasonable time; and (vii) war, terrorist activities, government sanctions, <br />7 embargos, civil unrest, and material or labor shortages. A Party's performance will only be excused <br />8 for the length of the delay and any reasonable time thereafter that Is necessary to commence <br />9 performance of a Party's obligations under this Agreement. <br />10 ARTICLE 14. ASSIGNMENT <br />11 Neither this Agreement, nor any of the Parties' rights, obligations, duties, or authority <br />12 hereunder may be assigned in whole or in part by either Party without the prior written consent of the <br />13 other Party. Any such attempt of assignment shall be deemed void and of no force and effect. <br />14 Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the <br />15 waiver of any right to consent to such subsequent assignment. Notwithstanding the foregoing, <br />16 AUTHORITY may assign this Agreement to another public entity provided that it provides notice to <br />17 CITY at least six (6) months prior to the effective date of such assignment. The notice shall. include <br />18 evidence that such public entity is authorized by law to operate the Streetcar System and has the <br />19 financial capability, infrastructure and personnel to meet AUTHORITY's obligations under this <br />20 Agreement. CITY shall approve such assignment within 45 days of such notice from AUTHORITY, <br />21 unless CITY reasonably determines that the proposed assignee cannot meet the obligations of this <br />22 Agreement. AUTHORITY shall provide such additional information as is reasonably required by CITY <br />23 to make its detormination. <br />24 ARTICLE 16. SUBCONTRACTING <br />25 AUTHORITY may, in its sole discretion, enter into contracts with third parties to perform any <br />26 of its obligations under this Agreement, provided that AUTHORITY notifies CITY of such contract prior <br />Page 9 of 14 <br />1.;1CammICLERlCAL1WORDPROC�AGREE AG61433-20161215 OCSC ROW Use Agreement- SA - Final - Updated.doax <br />