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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 />