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9-�a�� <br /> SECTION 17 - Assignments and Subcontractinq <br /> (a) NORESCO may elect to use subcontractors in meeting its obligations <br /> hereunder. NORESCO shall provide Customer with a list of <br /> � subcontractors for Customer's review and approval prior to <br /> commencement of the work, which approval shall not be unreasonably <br /> withheid or delayed. <br /> (c) Customer shall not assign, transfer, or otherwise dispose of this <br /> Agreement, the System, or any interest therein, or sublet or lend the <br /> System or permit if it is to be used by anyone other than the Customer <br /> and Customer's employees without the express written consent of <br /> NORESCO , such consent not to be unreasonably delayed or withheld. <br /> (c) NORESCO shall not assign this Agreement in whole or in part to any <br /> � other party without first obtaining the consent of Customer, which consent <br /> shall not be unreasonably withheld or delayed. � , <br /> SECTION 18 - Waiver <br /> The failure of either Party, at any time or times, to enforce any right or obligation <br /> with respect to any matter arising in connection with this Agreement shall not <br /> constitute a waiver as to future enforcement of that right or obligation, or any <br /> other right or obligation under this Agreement. <br /> SECTION 19 - Force Majeure <br /> (a) If either Party shall be unable to carry out any part of its obligations under <br /> this Agreement due to causes beyond its control ("Force Majeure"), <br /> including but not limited to an act of God, governmental or judicial <br /> authority, war, blockage, insurrection, riot, labor dispute, sudden action of <br /> the elements, fire, explosion, flood, or nuclear emergency, this Agreement <br /> shall remain in effect but the affected Party's obligations shall be <br /> - suspended for a period equal to the disabling circumstances, provided <br /> that: <br /> (i) the non-performing Party gives the other Party prompt written <br /> notice describing the particulars of the Force Majeure, including but � <br /> not limited to the nature of the occurrence and its expected <br /> duration, and continues to furnish timely regular reports with <br /> respect thereto during the period of Force Majeure; <br /> (ii) the suspension of perFormance is of no greater scope and of no <br /> longer duration than is required by the Force Majeure; <br /> - 10 - 12/12/00 <br /> _ _ _. . _ _,.�.___. _ __,_._ <br />