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118 <br /> 4Z Suspension of Obligations. It because of a Force Majeure event,either Party <br /> is unable, in whole or in part, to carry out its obligations under this Agreement, then such Party <br /> shall give written notice and reasonably full details of the Force Majeure event to the other Party as <br /> soon as possible after the event's occurrence. Upon such notice, the obligations of the noticing <br /> Party(other than the obligation to make any payments under this Agreement) shall be suspended <br /> during the period in which the Party is unable to perform because of the Force Majeure event,but <br /> for no longer period,provided that: <br /> a. the burden of proof on whether a Force Majeure event has occurred shall be <br /> upon the Party claiming Force Majeure; <br /> b. the nonperforming Party shall make all reasonable efforts to continue to <br /> perform its obligations despite the occurrence of a Force Majeure event; <br /> and <br /> c. the nonperforming Party shall provide the other Party with prompt written <br /> notice of the cessation of the Force Majeure event. <br /> ARTICLE XIII <br /> MISCELLANEOUS <br /> 1481 149-Records. During the term of this Agreement, and for a period of three (3) <br /> years thereafter(unless a longer period of time is required under applicable Laws),each Party shall <br /> keep and maintain complete and accurate records and all other data required by each of them for <br /> the purposes of the proper administration of this Agreement. Each Party shall have the right,at its <br /> sole expense during normal business hours, to examine the other Party's records to the extent <br /> necessary to verify the accuracy of any statement,change,notice or computation made hereunder. <br /> 149. 130.Amendment to Agreement. This Agreement may be amended or modified <br /> only by a written instrument signed by each of the Parties. <br /> {00022477.DOC} <br />