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of Law Center for Public Policy Dispute Resolution. The mediation process will continue until
<br />the controversy is resolved, the mediator makes a finding that there is no possibility of settlement
<br />through mediation, or either Party chooses not to continue further. All costs and expenses of the
<br />mediation (including the mediator's fees) will be shared equally by the Parties involved in the
<br />mediation, provided however, that costs incurred by each Party will be costs solely of such Party.
<br />O. Force Majeure. If by reason of Force Majeure any Party hereto will be rendered
<br />unable wholly or in part to carry out its obligations under this Funding Contract, then if such Party
<br />will give notice and full particulars of such Force Majeure in writing to the other Party within a
<br />reasonable time after the occurrence of the event or cause relied on, the obligation of the Party
<br />giving such notice, so far as its performance is prevented by such Force Majeure, will be suspended
<br />during the continuance of the inability then claimed, but for no longer period, and any such Party
<br />will endeavor to remove or overcome such inability with reasonable dispatch. The term "Force
<br />Majeure" as employed herein will mean acts of God, strikes, lockouts or other industrial
<br />disturbances, acts of public enemy, orders of any kind of the Government of the United States or
<br />the State of Texas, regulatory restrictions imposed on the EAA by the Texas Legislature, any civil
<br />or military authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires,
<br />hurricanes, tornados, blue northers, storms, floods, washouts, any drought defined as an
<br />Unforeseen Circumstance in Section 8.2 of the EAHCP, restraint of government and people, civil
<br />disturbances, explosions, extraordinary breakage or accidents to machinery, pipelines or canals,
<br />partial or entire failure of water supply, or on account of any other causes to the extent not
<br />reasonably within the control of the party claiming such inability. The Parties acknowledge that
<br />nothing in this provision affects the authority of the Service to suspend or revoke the Permit, either
<br />partially or in its entirety, as to the Party experiencing the inability or as to all Parties.
<br />P. Remedies. The Parties recognize that failure in the performance of any Party's
<br />obligations hereunder may not be measurable solely in money damages. Each Party therefore
<br />agrees in the event of any default on its part that each Party will have available to it, in addition to
<br />all other legal remedies, the equitable remedy of mandamus and/or specific performance, but not
<br />termination as long as the ITP is outstanding. It is the intent of the Parties to this Funding Contract
<br />that any default may be subject to the remedy of mandamus and /or specific performance to the
<br />extent that mandamus and/or specific performance is possible under the existing circumstances. If
<br />the EAA fails to appropriate funds necessary to discharge that Party's obligations under this
<br />Funding Contract and a court of competent jurisdiction fails to enforce that obligation, then this
<br />Funding Contract will terminate, and the other Parties will have the right to petition the Service to
<br />terminate the ITP with regard to the EAA.
<br />Q. Default — Notice and Opportunity to Cure. If any Party fails to perform any
<br />obligation or make any payment in the required amount when due under this Funding Contract,
<br />the other Party may, without prejudice to any other right or remedy it may have under this Funding
<br />Contract, provide written notice of default to the nonperforming Party. If written notice of default
<br />is provided to a nonperforming Party, a copy of said notice will also be provided to the
<br />Implementing Committee. The nonperforming Party has 60 days from receipt of the notice within
<br />which to remedy the default.
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