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11 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />14 <br />It <br />12 <br />13 <br />14 <br />1.5 <br />16 <br />17 <br />18 <br />19 <br />26 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />COOPERATIVE AGREEMENT NO. C-7-1860 <br />delivered in any number of counterparts, each of which, when executed and delivered shall be deemed <br />an original and all of which together shall constitute the same agreement. Facsimile signatures will <br />be permitted. <br />1. Force Majeure: Either AUTHORITY or CITY shall be excused from performing its <br />obligations under this Cooperative Agreement during the time and to the extent that it is prevented from <br />performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of <br />fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or <br />local government; national fuel shortage; or a material act or omission by the other PARTY; when <br />satisfactory evidence of such cause is presented to the other PARTY, and provided further that such <br />nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the <br />AUTHORITY or CITY not performing. <br />J. Assignment: Neither this Cooperative Agreement, nor any of the AUTHORITY and CITY <br />rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either <br />AUTHORITY or CITY without the prior written consent of the other PARTY in its sole and absolute <br />discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent <br />to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any <br />right to consent to such subsequent assignment. <br />K. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to <br />authorize or require any PARTY to issue bonds, notes or other evidences of indebtedness under the <br />terms, in amounts, or for purposes other than as authorized by local, state or federal law. <br />L. Governing Law: The laws of the State of California and applicable local and federal laws, <br />regulations and guidelines shall govern this Cooperative Agreement. <br />M. Litigation fees: Should litigation arise out of this Cooperative Agreement for the <br />performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing <br />PARTY. <br />N. Notices: Any notices, requests, or demands made between the PARTIES pursuant to <br />Page 9 of 11 <br />L1Camm\CLERICALMORDPROC\AG REE\AG71860.docx <br />