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32. ASSIGNMENT <br /> No Party shall assign this Agreement or any part or interest thereof, without the prior <br /> written consent of the other Party, and any assigrunent without such consent shall be void <br /> and of no effect. Notwithstanding the foregoing, if SCE is requested or required by the <br /> Commission to assign its rights and/or delegate its duties hereunder, in whole or in part, <br /> such assignment or delegation shall not require the City's consent and SCE shall be <br /> released from all obligations hereunder arising after the effective date of such assignment, <br /> both as principal and as surety. <br /> 33. FORCE MAJEURE <br /> Failure of a Party to perform its obligations under this Agreement by reason of any of <br /> the following shall not constitute an event of default or breach of this Agreement: strikes, <br /> picket lines, boycott efforts, earthquakes, fires, floods, war (whether or not declared), <br /> revolution, riots, insurrections, acts of God, acts of government (including, without <br /> limitation, any agency or department of the United States of America), acts of terrorism, <br /> acts of the public enemy, scarcity or rationing of gasoline or other fuel or vital products, <br /> inability to obtain materials or labor, or other causes which are reasonably beyond the <br /> control of such Party. <br /> 34. SEVERABILITY <br /> In the event that any of the terms, covenants or conditions of this Agreement, or the <br /> application of any such term, covenant or condition, shall be held invalid as to any person <br /> or circumstance by any court, regulatory agency, or other regulatory body having <br /> jurisdiction, all other terms, covenants, or conditions of this Agreement and their <br /> application shall not be affected thereby, but shall remain in full force and effect, unless a <br /> court, regulatory agency, or other regulatory body holds that the provisions are not <br /> separable from all other provisions of this Agreement. <br /> 35. GOVERNING LAW; VENUE <br /> This Agreement shall be interpreted, governed, and construed under the laws of the <br /> State of California as if executed and to be performed wholly within the State of California. <br /> Any action brought to enforce or interpret this Agreement shall be filed in Los Angeles <br /> County, California. <br /> 36. SECTION HEADINGS <br /> Section headings appearing in this Agreement are for convenience only and shall not be <br /> construed as interpretations of text. <br /> <br /> 37. SURVIVAL <br /> ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 24 <br /> 25G-26 <br /> <br />