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To City: City of Everett <br /> 2930 Wetmore Avenue, Suite 10-A <br /> Everett, WA 98201 <br /> Attention: James D. Iles, Chief Administrative Assistant <br /> Facsimile: 425 257-8729 <br /> With a copy to: City of Everett <br /> 2930 Wetmore Avenue, Suite 10-A <br /> Everett,WA 98201 <br /> Attention: Ned Johnston, City Attorney <br /> Facsimile: 425 257-8729 <br /> With a copy to: Perkins Coie LLP <br /> 10885 N.E. 4th Street, Suite 700 <br /> Bellevue, WA 98004 <br /> Attention: Craig H. Shrontz <br /> Facsimile: 425 635-1404 <br /> To OM: OliverMcMillan <br /> 773 8th Avenue <br /> San Diego, CA 92101 <br /> Attention: Morgan Dene Oliver, Chief Executive Officer <br /> Facsimile: 619 321-1234 <br /> With a copy to: Foster Pepper PLLC <br /> 1111 Third Avenue, Suite 3400 <br /> Seattle, WA 98101 <br /> Attention: Beth A. Clark <br /> Facsimile: 206 447-1916 <br /> Notice may be given by counsel for the Parties, and such Notice shall be deemed given by City <br /> or OM, as the case may be, for all purposes under this Agreement. <br /> 20.2 Force Majeure <br /> Whenever a period of time is prescribed for the taking of an action by either Party(other <br /> than with respect to the payment of any deposit or money), the period of time for the <br /> performance of such action shall be extended by the number of days that the performance is <br /> actually delayed due to general strikes, acts of God,war, terrorist acts, civil disturbances, floods, <br /> earthquakes, fires, other causes beyond the reasonable control of the performing party, and, with <br /> respect to OM's performance, any delays incurred by OM as a result of the nonperformance or <br /> delay by the City of any of its obligations hereunder, including without limitation any failure by <br /> the City not caused by OM to substantially complete any component of the City Work within the <br /> applicable deadlines set forth in Section 18.1 above, and, with respect to City's performance, any <br /> delays incurred by City as a result of the nonperformance or delay by OM of any of its <br /> obligations hereunder ("Force Majeure"). Without limiting the foregoing, Force Majeure shall <br /> also include delays caused by the failure to complete the relocation and removal of the BNSF <br /> -59- <br /> 06107-0063/LEGAL 13023969.1 <br />