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18.7.7 Take such action as may be necessary, or as the Agency Contract <br /> Administrator may direct, for the protection and preservation of the <br /> property related to this Agreement which is in the possession of the <br /> Bank and in which the Agency has or may acquire an interest and <br /> to transfer that property to the successor Bank. <br /> By such termination, neither the Agency nor the Bank may nullify <br /> obligations already incurred for performance or failure to perform <br /> prior to the date of termination. <br /> 19. FORCE MAJEURE <br /> 19.1 Definition. Neither party shall be liable to the other or deemed in default <br /> under this Agreement if and to the extent that such party's performance of <br /> this Agreement is prevented by reason of force majeure. The term "force <br /> majeure" means an occurrence that is beyond the control of the party <br /> affected and could not have been avoided by exercising Due Care. Force <br /> majeure shall include acts of God, war, riots, strikes, fire, floods, <br /> earthquakes,epidemics,or other similar occurrences. <br /> 19.2 Allocation of Service. When force majeure affects only part of the <br /> Bank's capacity to perform, the Bank may allocate services among its <br /> customers, including regular customers not included in this Agreement, in <br /> any manner which is fair and reasonable. <br /> 19.3 Notification. If either party is delayed by force majeure, said party shall <br /> provide reasonable notice that there will be delay or non-delivery of <br /> reports or services. The notification shall provide evidence of the force <br /> majeure to the reasonable satisfaction of the other party. Such delay shall <br /> cease as soon as practicable and written notification of same shall be <br /> provided. The time of completion shall be extended for a period of time <br /> equal to the time that the results or effects of such delay prevented the <br /> delayed party from performing in accordance with this Agreement. <br /> 19.4 Rights Reserved. The Agency reserves the right to cancel the Agreement <br /> and/or purchase services from the best available source during the time of <br /> force majeure,and Bank shall have no recourse against the Agency. <br /> 20. CONFLICT OF INTEREST • <br /> The Bank warrants that it presently has no interest and shall not acquire any <br /> interest, direct or indirect, which would conflict in any manner or degree with the <br /> performance of services required under this Agreement. <br /> Statewide Custody Provider Program <br /> Agreement for Custody Services 10 <br />