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