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COOPERATIVE AGREEMENT NO. C-7-1859 <br />1. an original and all of which together shall constitute the same agreement. Facsimile signatures will <br />2 be permitted. <br />3 I. Force Majeure: Either AUTHORITY or CITY shall be excused from performing its <br />a obligations under this Cooperative Agreement during the time and to the extent that it is prevented from <br />5 performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of <br />6 fire, flood; acts of Gad; commandeering of material, products, plants or facilities by the federal, state or <br />7 local government; national fuel shortage; or a material act or omission by the other PARTY; when <br />8 satisfactory evidence of such cause is presented to the other PARTY, and provided further that such <br />9 nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the <br />10 AUTHORITY or CITY not performing. <br />1.1 J. Assignment: Neither this Cooperative Agreement, nor any of the AUTHORITY and CITY <br />1.2 rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either <br />13 AUTHORITY or CITY without the prior written consent of the other PARTY in its sole and absolute <br />1d discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent <br />15 to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any <br />16 right to consent to such subsequent assignment. <br />19 K. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to <br />18 authorize or require any PARTY to issue bonds, notes or other evidences of indebtedness under the <br />1.9 terms, in amounts, or for purposes other than as authorized by local, state or federal law. <br />20 L. Governing Law: The laws of the State of California and applicable local and federal laws, <br />21 regulations and guidelines shall govern this Cooperative Agreement. <br />22 M. Litigation fees: Should litigation arise out of this Cooperative Agreement for the <br />23 performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing <br />24 PARTY. <br />25 N. Notices: Any notices, requests, or demands made between the PARTIES pursuant to <br />26 this Cooperative Agreement are to be directed as follows: <br />Page 9 of 11 <br />L:iCam miCLER1 GAL\WORDPROCtAG REESAG71859.docx <br />