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<br />accordance with the San Francisco City Charter and Administrative Code, except for actions <br />that this Agreement requires to be taken by the Commission. <br /> <br />8.13 Counterparts <br />Execution of this Agreement may be accomplished by execution of separate <br />counterparts by each signatory. San Francisco shall deliver its executed counterpart to <br />BAWSCA and the counterpart which each Wholesale Customer executes shall be delivered to <br />San Francisco. The separate executed counterparts, taken together, shall constitute a single <br />agreement. <br /> <br />8.14 Limitations on Damages <br />A. Unless otherwise prohibited by this Agreement, general or direct damages may <br />be recovered for a breach of a party's obligations under this Agreement. No party is liable for, ~ <br />or may rec;over from any other party, special, indirect or consequential damages or incidental <br />damages, including, but not limited to, lost profits or revenue. No damages may be awarded for <br />a breach of Section 8.17. <br /> <br />B. The limitations in subsection A apply only to claims for damages for an alleged <br />breach of this Agreement. These limitations do not apply to claims for damages for an alleged <br />breach of a legal duty that arises independently of this Agreement, established by constitution or <br />statute. <br /> <br />C. If damages would ~e an inadequate remedy for a breach of this Agreement, <br />equitable relief may be awarded by a court in a case in which it is otherwise proper. <br /> <br />D. This section does not apply to any claim of breach for which arbitration is the <br />exclusive remedy pursuant to Section 8.01.A. <br /> <br />8.15 Force Maieure <br /> <br />A. Excuse from Performance. No party shall be liable in damages to any other <br />party for delay in performance of, or failure to perform, its obligations under this Agreement, <br />including the obligations set forth in Sections 3.09 and 4.06, if such delay or failure is caused by <br />a "Force Majeure Event." <br /> <br />B. Notice. The party claiming excuse shall deliver to the other parties a written <br />notice of intent to claim excuse from performance under this Agreement by reason of a Force <br /> <br />-82- <br /> <br />1840795.8 <br />