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9 <br />Contract No. TJCOG-CBS-004 <br />a) All materials produced under this Agreement shall become the property of the Contractor and may be <br />copyrighted in its name. Triangle J Council of Governments reserves aroyalty--free, nonexclusive and <br />irrevocable license to reproduce, publish, otherwise use, and to authorize others to use such materials for <br />government purposes. <br />ARTICLE 15. ENTIRE AGREEMENT AND AMENDMENT <br />This Agreement and all Attachments comprise the entire Agreement of both parties. This Agreement may be <br />amendedby mutual written consent of the parties. <br />ARTICLE 16. SEVERABILTTY <br />If any provision ofthis Agreement shall be adjudged to be unlawful or contrary to public policy, then that <br />provision shall be deemed null and void and severable from the remaining provisions, and shall in no way affect <br />the validity of this Agreement. <br />ARTICLE 17. SURVIVAL OF REOUIlZEMENTS <br />Unless otherwise authorized in writing by TJCOG, the terms and conditions of this Agreement shall survive the <br />performance period and shall continue in full force and effect until the Contractor has completed, and is in <br />compliance with, all of its requirements. <br />ARTICLE 18. WAIVER <br />Failure or delay on the part of either party to exercise any right, power, privilege or remedy hereunder shall not <br />constitute a waiver thereof. A waiver of any default shall not operate as a waiver of any other default or of the <br />same type of default on a future occasion. <br />ARTICLE 19. FORCE MA.JEURE <br />Either patty's performance of any part of this Agreement shall be excused to the extent that it is hindered, <br />delayed or otherwise made impractical by reason of flood, riot, fire, explosion, war, acts or omissions of the <br />other party or any other cause, whether similar or dissimilar to those listed, beyond the reasonable control of that <br />party. If any such event occurs, the non-performing party shall make reasonable efforts to notify the other party <br />of the nature of such condition and the extent of the delay and shall make reasonable, good faith efforts to <br />resume performance as soon as possible. <br />ARTICLE 20. ASSIGNMENT <br />This Agreement and the obligations, duties and undertakings of the Contractor described herein may not be <br />assigned or delegated by the Contractor without the express written consent of TJCOG, and any attempted <br />assignment or delegation without such consent shall be void. <br />ARTICLE Zl. EXTRA WORK <br />If TJCOG desires to have the Contractor perform work or render services other than provided for by the <br />expressed intent of this Agreement, this shall be considered as Extra Work, subject to written amendment to this <br />Agreement setting forth the nature and scope thereof and the compensation therefore as determined by mutual <br />agreement between TJCOG and the Contractor. Work under such amendment shall not proceed unless and until <br />so authorized by TJCOG. Any such continuance of service which would cause compensation to exceed the total <br />amount of this Agreement shall be contingent upon the above provision and the appropriation of necessary <br />funds. <br />Page 5 of 34 <br />