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<br />SECTION 17 - Assianments and Subcontractina <br /> <br />(a) <br /> <br />(c) <br /> <br />(c) <br /> <br />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 />withheld or delayed. <br /> <br />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 /> <br />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 /> <br />SECTION 18 - Waiver <br /> <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 /> <br />SECTION 19 - Force Majeure <br /> <br />(a) <br /> <br />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 /> <br />(i) <br /> <br />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 /> <br />(ii) <br /> <br />the suspension of performance is of no greater scope and of no <br />longer duration than is required by the Force Majeure; <br /> <br />- 10- <br /> <br />12/12/00 <br />