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25 <br /> 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 />