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<br />(f) Any interim or appellate relief granted in such Equitable Litigation shall
<br />remain in effect until any alternative dispute resolution procedures described in this Section 1.3,2
<br />concerning the dispute that is the subject of such Equitable Litigation result in a settlement, Any
<br />such written settlement agreement shall be the final, binding detern~ination on the merits of such
<br />dispute, shall supersede and nullify any decision in the Equitable Litigation, and shall preclude
<br />any subsequent litigation on such merits (except to enforce the settlement agreement),
<br />notwithstanding any determination to the contrary in connection with any Equitable Litigation
<br />granting or denying interim relief or any appeal therefrom..
<br />(g) All applicable statutes of limitation and defenses based upon the passage
<br />of time shall be tolled while the procedures specified in this Section 1.3,2 are pending, The
<br />parties will take such action, if any, required to effectuate such tolling,
<br />1.3,3 No Ageney, Partnership or Joint Venture
<br />RFP is an independent contractor, hereunder, and is not intended to be or to act as
<br />the agent of the County for purposes of the law of agency, Nothing herein contained is intended
<br />or shall be construed in any way to create or establish the relationship of partners or a joint
<br />venture between the County and RFP. None of the off cers, agents or employees of RFP shall be
<br />or be deemed to be employees or agents of the County for any purpose whatsoever..
<br />1.3..4 Entire Agreement.
<br />This Agreement contains the entire agreement between the parties with respect to
<br />the subject matter hereof and supersedes all prior agreement and understandings with respect
<br />thereto. No other agreements, representations, warranties or other matters, whether oral or
<br />written, will be deemed to bind the parties hereto with respect to the subject matter hereof, unless
<br />in writing executed by the parties after the date hereof and referring to this Agreement.
<br />13,5 Written Amendments,
<br />This Agreement shall not be altered, modified or amended in whole or in part,
<br />except in a writing executed by each of the parties hereto.
<br />13.6 Force Majeure.
<br />(a) No party will be liable or responsible to the other party for' any delay,
<br />damage, loss, failure, or inability to perform caused by "Force Majeure" if notice is provided to
<br />the other party within ten (10) days of date on which such party gains actual knowledge of the
<br />event of "Force Majeure" that such party is unable to perform. The teen "Force Majeure" as used
<br />in this Agreement means the following: an act of God, strike, war, public rioting, lightning, fire,
<br />storm, flood, inability to obtain materials or supplies due to a Force Majeure, epidemics,
<br />landslides, earthquakes, civil disturbances, breakage or accident to machinery or lines of
<br />equipment, temporary failure of equipment, freezing of equipment, terrorist acts, and any other
<br />cause whether of the kinds specifically enumerated above or otherwise which is not reasonably
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