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COOPERATIVE AGREEMENT C-1-3022 1 F. Counterparts of Agreement: This Agreement may be executed and delivered in any 2 number of counterparts, each of which, when executed and delivered shall be deemed an original and 3 all of which together shall constitute the same agreement. Facsimile signatures will be permitted. 4 G. In the event that the PROJECT Costs exceed the estimates as submitted in the 5 APPLICATION as prepared by the APPLICANT AGENCY, all parties agree to meet and determine 6 PROJECT revisions to meet the budget or a revised funding proposal by PARTICIPATING AGENCIES 7 which shall be documented and submitted in writing as a revision to the agreement. 8 H. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal, 9 state and local laws, statutes, ordinances and regulations of any governmental authority having 10 jurisdiction over the PROJECT. 11 1. Force Majeure: Either Party shall be excused from performing its obligations under this 12 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable 13 cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; 14 commandeering of material, products, plants or facilities by the federal, state or local government; 15 national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of 16 such cause is presented to the other Party, and provided further that such nonperformance is 17 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. 18 J. Assignment: Neither this Agreement, nor any of the Parties rights, obligations, duties, or 19 authority hereunder may be assigned in whole or in part by either Party without the prior written consent 20 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed 21 void and of no force and effect. Consent to one assignment shall not be deemed consent to any 22 subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. 23 K. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to 24 authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the 25 terms, in amounts, or for purposes other than as authorized by local, state or federal law. 26 Page 9 of 14 25B-11