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EXHIBIT 5 <br /> Santa Ana Blvd. Grade Separation-City of Santa Ana SCRRA Project No: TBA <br /> Design Services Agreement <br /> SCRRA File No.:TBD <br /> Orange Subdivision <br /> MP 175.13 <br /> freight embargoes; lack of transportation; unusually severe weather; Federally-mandated <br /> inspections and maintenance; and/or any other causes beyond the control or without the <br /> fault of the party claiming an extension of time for any such cause. An extension of time <br /> for any such cause shall only be for the period of the enforced delay, which period shall <br /> commence to run from the time of commencement of the cause. <br /> 11. This AGREEMENT shall be construed and interpreted under the laws of the State of <br /> California, <br /> 12.Any notice sent by first class mail, postage paid, to the address and addressee, shall be <br /> deemed to have been given when in the ordinary course it would be delivered. The <br /> representatives of the PARTIES who are primarily responsible for the administration of <br /> this AGREEMENT, and to whom notices, demands and communications shall be given, <br /> are as follows: <br /> To CITY To SCRRA <br /> Alvaro Nunez Justin Fornelli,RE. <br /> -City Manager Chief,Program Delivery <br /> -City of Santa Ana Southern California Regional Rail Authority <br /> 20 Civic Center Plaza,Ross Annex M-36) 2558 Supply St,Bldg.A <br /> Santa Ana, CA 92701 Pomona, CA 91767 <br /> 13.Force Majeure: Either Party shall be excused from performing its obligations under this <br /> Agreement during the time and to the extent that it is prevented from performing by an <br /> unforeseeable cause beyond its control, including but not limited to; any incidence of fire, <br /> flood; act of God; commandeering of material,products,plants or facilities by the federal, <br /> state or local government;national fuel shortage; or a material act or omission by the other <br /> Party; when satisfactory evidence of such cause is presented to the other Party, and <br /> provided further that such nonperformance is unforeseeable,beyond the control and is not <br /> due to the fault or negligence of the Party not performing. <br /> This Agreement shall be made effective upon execution by both Parties. <br /> _1a_ <br />