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<br />disclaimer must appear in each publication of materials, whether copyrighted or not, based
<br />upon or developed under this Agreement.
<br />
<br />"This report was prepared as a result of work sponsored, paid for, in whole or in part, by the
<br />Bay Area Air Quality Management District (District). The opinions, findings,
<br />conclusions, and recommendations are those of the author and do not necessarily
<br />represent the views of the District. The District, its officers, employees, contractors, and
<br />subcontractors make no warranty, expressed or implied, and assume no legal liability for
<br />the information in this report."
<br />
<br />D. GRANTEE shall inform its officers, employees, subgrantees, and subcontractors involved in
<br />the performance of this Agreement of the restrictions contained herein and shall require
<br />compliance with the above.
<br />
<br />21. PROPERTY AND SECURITY - Without limiting GRANTEE'S obligations with regard to
<br />security, GRANTEE shall comply with all the rules and regulations established by DISTRICT for
<br />access to and activity in and around DISTRICT'S premises.
<br />
<br />22. ASSIGNMENT - No party shall assign, sell, license, or otherwise transfer any rights or
<br />obligations under this Agreement to a third party without the prior written consent of the other party,
<br />and any attempt to do so shall be void upon inception.
<br />
<br />23. WAIVER - No waiver of a breach, of failure of any condition, or of any right or remedy
<br />contained in or granted by the provisions of this Agreement shall be effective unless it is in writing
<br />and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach,
<br />failure, right, or remedy shall be deemed a waiver of any other breach, whether or not similar, nor
<br />shall any waiver constitute a continuing waiver unless the writing so specifies. Further, the failure of
<br />a party to enforce performance by the other party of any term, covenant, or condition of this
<br />Agreement, and the failure of a party to exercise any rights or remedies hereunder, shall not be
<br />deemed a waiver or relinquishment by that party to enforce future performance of any such terms,
<br />covenants, or conditions, or to exercise any future rights or remedies.
<br />
<br />24. FORCE MAJEURE - Neither DISTRICT nor GRANTEE shall be liable for or deemed to be in
<br />default for any delay or failure in performance under this Agreement or interruption of services
<br />resulting, directly or indirectly, from acts of God, enemy or hostile governmental action, civil
<br />commotion, strikes; lockouts, labor disputes, fire or other casualty, judicial orders, governmental
<br />controls, regulations or restrictions, inability to obtain labor or materials or reasonable substitutes for
<br />labor or materials necessary for performance of the services, or other causes, except financial, that are
<br />beyond the reasonable control of DISTRICT or GRANTEE, for a period of time equal to the period
<br />of such force majeure event, provided that the party failing to perform notifies the other party within
<br />fifteen calendar days of discovery of the force majeure event, and provided further that that party
<br />takes all reasonable action to mitigate the damages resulting from the failure to perform.
<br />Notwithstanding the above, if the cause of the force majeure event is due to party's own action or
<br />inaction, then such cause shall not excuse that party from performance under this Agreement.
<br />
<br />25. SEVERABILITY - If a court of competent jurisdiction holds any provision of this Agreement to
<br />be illegal, unenforceable or invalid in whole or in part for any reason, the validity and enforceability
<br />of the remaining provisions, or portions of them will not be affected.
<br />
<br />Page 6 of 11 Contract No. 2008-027
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