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Force Majeure. Whenever a party's performance of any obligation under this <br />Agreement is prevented by an occurrence of an event beyond the reasonable control <br />of a party that cannot be prevented or remedied with the exercise of reasonable <br />diligence, including an act of nature; pandemic, war or war -like operation; civil <br />commotion; riot; terrorist acts, labor dispute including a strike, lock -out, or <br />walkout; sabotage; initiative or governmental regulation or control, then <br />performance of such affected obligation shall be suspended but only for so long as <br />such occurrence remains beyond the reasonable control of such party or cannot be <br />prevented or remedied by such party. This Section shall not apply to payment <br />obligations, but in no event will a party be required to pay for suspended Services <br />not rendered. In the event of a labor dispute, the party directly involved in the same <br />shall make a good faith effort to ensure, through available legal means, that such <br />person's obligations under this Agreement during the period of such dispute are not <br />prevented or unreasonably delayed, but nothing herein shall require such party to <br />waive or otherwise reduce its claims in such dispute. <br />5. Regardless of the date(s) on which this Amendment is signed by the parties, the <br />parties agree that the Agreement has been continuously in effect since May 14, <br />2019. <br />6. At the sole discretion of the City, the City may consent to the Service Provider's <br />signature on this Amendment being by email, fax, pdf or other electronic means, in <br />which case such Service Provider signature will be deemed an original signature for <br />all purposes. The City will be deemed to have given such consent effective upon <br />execution of this Amendment by the Mayor of the City. This Amendment may be <br />signed in counterparts. <br />7. All provisions in the Agreement shall remain in effect except as expressly modified <br />by this Amendment. <br />CITY OF EVERETT <br />WASHINGTON Argosy LP <br />Signature: <br />By: Typed/Printed Name: " j(11,J <br />Cassie Franklin, Mayor Title: ilW/66 <br />dit70-0 / 2-6 2-/ <br />Date Date <br />