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until the matter is concluded. <br />28. Excuse of Performance. <br />Notwithstanding any other provision of this Agreement to the <br />contrary, any failure by City or District to perform any duty or <br />obligation set forth in this Agreement shall not be deemed a.breach of <br />or default in the performance of this Agreement if such failure to <br />perform is caused by fire, earthquake, flood, hurricane, the elements, <br />acts of God or the public enemy; actions, restrictions, limitations or <br />interference of other governmental authorities or their agents; <br />enforcement of applicable provisions of federal, state or local law; <br />war; invasion; insurrection; rebellion; riots; strikes or lockouts; or <br />inability to perform which is beyond the reasonable control of City or <br />District. <br />29. Cost sharing. <br />Any and all costs incurred by District and City in the planning, <br />development and installation of improvements on the Sandpiper Joint Use <br />Site as provided for in this Agreement (other than those costs <br />specifically provided for in other paragraphs of this Agreement) shall <br />be shared on a pro -rata basis based on the proportion of the capital <br />construction costs to be borne by each party. Such costs shall include, <br />but not be limited to, the costs for preparation of environmental <br />documents, architectural services fees, and compensation paid to the <br />project manager. Such costs shall not include compensation to staff <br />employees of City or District for services performed in implementing <br />this Agreement. <br />23 <br />ATTY/AGR/20171AMENDMENTS/AMEND NO. 1 TO JOINT USE AGREEMENT - SANDPIPER <br />REV: 03-02-17 JS Page 30 of 42 <br />