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termination . The term " Confidential Information" means any and all non-public information or <br /> material concerning any aspect of PFPC ' s Prior Inventions . <br /> 11 . 3 No Agency, Partnership or Joint Venture . <br /> PFPC is an independent contractor, hereunder, and is not intended to be or to act as the <br /> agent of the County for purposes of the law of agency . Nothing herein contained is intended or <br /> shall be construed in any way to create or establish the relationship of partners or a joint venture <br /> between the County and PFPC . None of the officers , agents or employees of PFPC shall be or be <br /> deemed to be employees or agents of the County for any purpose whatsoever . <br /> 11 . 4 Entire Agreement . . <br /> This Agreement contains the entire agreement between the parties with respect to the <br /> subject matter hereof and supersedes all prior agreement and understandings with respect thereto . <br /> No other agreements , representations , warranties or other matters , whether oral or written, will <br /> be deemed to bind the parties hereto with respect to the subject matter hereof, unless in writing <br /> executed by the parties after the date hereof and referring to this Agreement . <br /> 11 . 5 Written Amendments . <br /> This Agreement shall not be altered, modified or amended in whole or in part, except in <br /> writing executed by each of the parties hereto . <br /> 11 . 6 Force Majeure . <br /> (a) No party will be liable or responsible to the other party for any delay, damage, <br /> loss , failure, or inability to perform caused by " Force Majeure " if notice is provided to the other <br /> party within ten ( 10) days of date on which such party gains actual knowledge of the event of <br /> " Force Majeure " that such party is unable to perform . The term " Force Majeure " as used in this <br /> Agreement means the following : an act of God, strike, war, public rioting, lightning, fire , storm, <br /> flood, inability to obtain materials or supplies due to a Force Majeure, epidemics , landslides , <br /> earthquakes , civil disturbances , breakage or accident to machinery or Lines of equipment, <br /> temporary failure of equipment, freezing of equipment, terrorist acts , and any other cause <br /> whether of the kinds specifically enumerated above or otherwise which is not reasonably within <br /> the control of the party whose performance is to be excused and which by the exercise of due <br /> diligence could not be reasonably prevented or overcome . <br /> (b) Neither party hereto shall be under any obligation to supply any service or <br /> services if and to the extent and during any period that the supplying of any such service or <br /> services or the provision of any component necessary therefor shall be specifically prohibited or <br /> rationed by any Law. <br /> (c) In the event of damage to or destruction of the Facility by reason of fire, storm or <br /> other casualty or occurrence of any nature or any regulatory action or requirements that, in either <br /> 15 <br />