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AFAA <br /> Docusign Envelope ID: 1009E573-IACF-4913-8247-790D900060D6 <br /> FORESTRY <br /> INITIATIVE SUBRECIPIENT AGREEMENT <br /> XVII. WAIVER <br /> The failure of either Party to insist upon strict performance of any of the terms or provisions of this Agreement <br /> or to exercise any right or remedy contained in this Agreement shall not be construed as a waiver or as a <br /> relinquishment for the future of such term, provision, right or remedy. Neither this Agreement nor any <br /> provisions thereof may be changed,waived,or discharged,except by an instrument in writing signed by both <br /> parties. <br /> XV111. MISCELLANEOUS <br /> A. The captions of each paragraph of this Agreement are inserted solely for the reader's convenience <br /> and are not to be construed as part of or in interpreting this Agreement. <br /> B. Neither Party shall be liable for any failure or delay in the performance of its obligations due to a <br /> fire,flood,earthquake,elements of nature or acts of God,plague,epidemic,pandemic,outbreaks of infectious <br /> disease or any other public health crisis, including quarantine or other employee restrictions, acts of war, <br /> terrorism, riots, civil disorder, rebellions, or other similar cause beyond the reasonable control of the Party <br /> affected,provided such default or delay could not have been prevented by reasonable precautions and cannot <br /> reasonably be circumvented("Force Majeure Event"). This provision shall become effective only if the Party <br /> failing to perform notifies the other Party within a reasonable time of the extent and nature of the Force <br /> Majeure Event, limits delay in performance to that required by the Force Majeure Event, and takes all <br /> reasonable steps to minimize damages and resume performance. <br /> C. All exhibits and attachments to this Agreement are incorporated herein by reference and made a part <br /> of this Agreement. <br /> IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized <br /> representatives. <br /> INSERT NAME o0cusigned by: <br /> By(Signature):_r 997622DANeWC... <br /> Name: Stephanie Reyes <br /> Title:City Manager <br /> Date: 8/21/2024 <br /> SUSTAINABLE FORESTRY INITIATIVE,INC. <br /> By (Signature): 169& <br /> Name: Marcy Bell a <br /> Title:Chief Financial Officer <br /> Date: August 21, 2024 <br /> EXHIBIT A <br /> 13 <br />