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Agency Name <br />Master Agreement No. 64SantaAnaMA <br />exemption for a passenger rail project that institutes or increases passenger or <br />commuter services on rail or highway rights -of -way already in use. <br />P. Force Majeure <br />Each party will be excused from performance of its obligations where such non- <br />performance is caused by any extraordinary event beyond its reasonable control, <br />such as any non -appealable order, rule or regulation of any federal or state <br />governmental body, fire, flood, earthquake, storm, hurricane or other natural <br />disaster, epidemic, pandemic, war, invasion, act of foreign enemies, hostilities <br />(regardless of whether war is declared), civil war, rebellion, revolution, <br />insurrection, military or usurped power or confiscation, terrorist activities, <br />nationalization, government sanction, blockage, embargo, labor dispute, strike, <br />lockout or interruption, provided that the party excused hereunder shall use all <br />reasonable efforts to minimize its non-performance and to overcome, remedy or <br />remove such event in the shortest practical time. <br />Should a force majeure event occur which renders it impossible for a period of <br />forty-five (45) or more consecutive days for either party to perform its obligations <br />hereunder, the Parties agree to negotiate in good faith to amend the existing <br />Master Agreement or Supplemental Agreement to deal with such event and to <br />seek additional sources of funding to continue the operation of the Service. <br />ARTICLE IV —MISCELLANEOUS PROVISIONS <br />Section 1. Miscellaneous Provisions <br />A. Successor Acts <br />All statutes cited herein shall be deemed to include amendments to and <br />successor statutes to the cited statues as they presently exist. <br />B. Successor and Assigns to the Parties <br />Neither this Agreement nor any right, duty or obligation hereunder may be <br />assigned, transferred, hypothecated or pledged by any party without the express <br />written consent of the other party; provided, that unless otherwise expressly <br />required herein, a party shall not be obligated to obtain the written consent of <br />the other party with respect to any contract related to the Service for the provision <br />of goods and/or services to the contracting party in the ordinary course of <br />business. <br />Revised as of 9/12/2024 Page 25 <br />