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Force Majeure, will be suspended during the continuance of the inability then claimed, <br />but for no longer period, and any such Party will endeavor to remove or overcome such <br />inability with reasonable dispatch. The term "Force Majeure" as employed herein will <br />mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, <br />orders of any kind of the Government of the United States or the State of Texas, <br />regulatory restrictions imposed on the UNIVERSITY by the Texas Legislature, any civil or <br />military authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, <br />hurricanes, tornados, blue northers, storms, floods, washouts, any drought, restraint of <br />government and people, civil disturbances, explosions, extraordinary breakage or <br />accidents to machinery, pipelines or canals, partial or entire failure of water supply, or on <br />account of any other causes to the extent not reasonably within the control of the party <br />claiming such inability. The Parties acknowledge that nothing in this provision affects the <br />authority of the Service to suspend or revoke the Permit, either partially or in its entirety, <br />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 obligations <br />hereunder may not be measurable solely in money damages. Each Party therefore agrees <br />in the event of any default on its part that each Party will have available to it, in addition <br />to all other legal remedies, the equitable remedy of mandamus and/or specific <br />performance. It is the intent of the Parties to this Funding Contract that any default may <br />be subject to the remedy of mandamus and/or specific performance to the extent that <br />mandamus and/or specific performance is possible under the existing circumstances. <br />Q. Default - Notice and Opportunity to Cure. If any Party fails to perform any obligation or <br />make any payment in the required amount when due under this Funding Contract, the <br />other Party may, without prejudice to any other right or remedy it may have under this <br />Funding Contract, provide written notice of default to the nonperforming Party. The <br />nonperforming Party has 60 days from receipt of the notice within which to remedy the <br />default. <br />R. Rights Regarding Books and Records. Each Party will permit the other Party upon <br />reasonable notice to examine and copy all the books and records kept by the Party <br />regarding this Funding Contract. In addition, upon reasonable prior written notice to the <br />other Party, any Party may conduct a complete audit of the books and records kept by <br />the Party regarding this Funding Contract and the approved WPP as well as upon the <br />information and documentation used to prepare the books and records. Any such audit <br />will be at the requesting Party's sole expense and will be prepared by a certified public <br />accounting firm. If the audit report discloses actual errors in the books and records such <br />that the charges assessed to the other Party are in error, then such error will be corrected <br />for the period up to four years from the date the erroneous charge was paid and all <br />payments reconciled over the subsequent twelfth month period beginning with the <br />Page 9 of 10 <br />