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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 assignment 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, alI 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 />37. SURVIVAL <br />ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 24 <br />