Laserfiche WebLink
1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />s <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />COOPERATIVE AGREEMENT NO. C-7-1861 <br />and each term, provision, covenant or condition of this Cooperative Agreement shall be valid and <br />enforceable to the fullest extent permitted by law. <br />H. Counterparts of Agreement: This Cooperative Agreement may be executed and <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 />I. 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 />Page 9 of 11 <br />L\Camm\CLERI CAL\WORDPROC\AGREE1AG71661.docx <br />