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9 <br /> strikes which are reasonably beyond the control of the Party seeking excuse from <br /> performance. The Party whose performance is affected by Force Majeure shall <br /> notify the other Party as soon as reasonably practicable. This notice shall include: <br /> (1) a description of the event causing the delay or anticipated delay; (2) an <br /> estimate of the anticipated length of the delay; (3) a description of the measures <br /> . taken or to be taken to avoid or minimize the delay; and (4)a proposed timetable <br /> for the implementation of the measures or performance of the obligation. The <br /> affected Party shall make all reasonable efforts to promptly resume performance <br /> of the obligation. It shall provide verbal and written Notice when it resumes <br /> performance of the obligation. <br /> 5.8 Waiver. The failure of any Party to insist, ?z sAr occasion,upon strict <br /> performance of any provision of this A 5Q. i', all not be considered a waiver <br /> of any obligation, right or duty of, or s ed u6 e -;such entity. <br /> 5.9 Governing Law. This Agreem- ` <br /> ,"n I be governed i 'a d construed in <br /> accordance with the laws of th-.. Lte of Washington. <br /> t• <br /> .t <br /> 5.10 No Chanes to Existin: Contracts a 0',,i +!.ei P. s.Upon the!. ..ctive Date,the <br /> City will manage th �'ltl e Chaplain '.i,.,4, ,Re,,.,'' ant to the terms 6 'this <br /> Agreement. As note. ,9;1,t6),:the terms o'V,,Agreement incorporate by <br /> reference certain WHI4iioro ii ris, which "'.;1 thus remain effective,but solely <br /> as part of this Agreement 'here r pon the Ec;active Date, the WHMP itself <br /> shall hav ::fit' 4p a e.endent continuin -� a ffect'`h •h ;-s Agreement does not <br /> affect E . I;' .. '10,;..?ns or re-1e sesit ° 't in Or provided by preexisting <br /> contr,fit other th.► ,,e WHIvMif e. <br /> ' .1 <br /> 5.11 Section Tia)iy..or ef' ),, �, ence 0 _;:e.The titles for the Sections of this <br /> 4.1 ,, , ent .744:134/7° ��r nve I pe of reference and organization, and shall <br /> 4' notIIW bto e� ,,, expl-1:,.......,' tt fret any of the provisions of this <br /> ��" Agreeme' r. the i _ions of the arties. This Agreement has been jointly <br /> 1y drafted by t k .rties 5;1 herefore shall be construed according to its plain <br /> . anin and n .V,or or s tan Party. <br /> g y <br /> S j. <br /> Lake Chaplain Tract Agreement,2009 -8- <br /> 93 <br />