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tG-6891 <br />XXI. FORCE MAJEURE <br />Neither party will incur any liability to the other if its performance of any obligation under this <br />Agreement is prevented or delayed by causes beyond its control and without the fault or <br />negligence of either party. Causes beyond a party's control may include, but are not limited to, <br />acts of God or war, changes in controlling law, regulations, orders or the requirements of any <br />governmental entity, natural disasters, fire, epidemics and quarantines. <br />Both parties shall notify each other orally within five (5) days and in writing within ten (10) days <br />of the date on which the party becomes aware, or should have reasonably become aware, that <br />such cause would prevent or delay its performance. Such notification shall (i) describe fully such <br />cause(s) and its effect on performance, (ii) state whether performance under the Agreement is <br />prevented or delayed and (iii) if performance is delayed, state a reasonable estimate of the <br />duration of the delay. The party claiming force majeure shall have the burden of proving that <br />such cause(s) delayed or prevented its performance despite its diligent efforts to perform and <br />shall produce such supporting documentation as the other party may reasonably request. After <br />receipt of such notification, the party not claiming force majeure may elect either to terminate <br />the agreement or to extend the time for performance as reasonably necessary to compensate <br />for the delay. <br />XXII. SEVERABILITY <br />The provisions of this Agreement are intended to be severable. lf any term or provision is illegal <br />or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the <br />remainder of the Agreement. <br />KITTITAS COUNTY OFFICE OF THE SECRETARY OF STATE <br />Date <br />County Auditor Secretary of State <br />APPROVED AS TO FORM: <br />Attorney General's Office <br />Page'17 of 18