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(i) an act of God,landslide,earthquake,fire,explosion,flood,hurricane,tornado, <br /> sabotage, or similar occurrence, acts of a public enemy, terrorism, extortion, <br /> war, blockade, insurrection, riot or civil disturbance; <br /> CO the failure of any appropriate governmental agency or private utility to <br /> provide and maintain utilities; <br /> (iii) any failure of title to the Facilities or any placement or enforcement of any <br /> lien,charge or encumbrance on the Facilities or on any improvements thereon <br /> that is not consented to in writing by,or arising out of any action or agreement <br /> entered into by,either party to the Agreement; <br /> (iv) the inability of CAECD and its subcontractors to gain and maintain access to all <br /> areas of the Facilities and/or adjoining the Facilities where work is required to <br /> be performed hereunder; <br /> (v) the preemption,confiscation,diversion,destruction, or other interference by, <br /> on behalf, or with authority of a governmental body relating to a declared or <br /> asserted public emergency or any condemnation or other taking by eminent <br /> domain or similar action, in the possession of property, equipment or <br /> materials located at the Facilities, or in the performance of the Services to be <br /> performed by CAECD hereunder; <br /> (vi) strikes, work stoppages, or labor disputes affecting CAECD and any <br /> subcontractor(excluding material suppliers) of CAECD; <br /> (vii) with respect to CAECD, damage to the Facilities caused by third parties not <br /> related to or under the control of the CAECD, including, but not limited to, <br /> contractors and subcontractors for the CAECD; and, <br /> (viii) the failure of any CAECD subcontractor or supplier to furnish services, <br /> materials or equipment on the dates agreed to, but only if such failure is the <br /> result of an event that would constitute Force Majeure if it affected the CAECD <br /> directly, and the CAECD is not able after exercising all reasonable efforts to <br /> timely obtain substitutes. <br /> M. Abide by the Regional Backup Communications Center (RBUC) Access Control Policy, <br /> included as attachment A, as if recited verbatim herein. <br /> 2.2 CAECD agrees to: <br /> A. Be responsible for maintaining all RBOC physical plant including primary electrical <br /> systems, 9-1-1 systems, HVAC and network wiring as budgeted and with approved <br /> available funds; <br /> Page 3 of 9 <br /> PSAP City 2019 <br />