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22 <br /> machinery or lines of equipment, temporary failure of equipment, freezing of equipment, <br /> terrorist acts, suspension pursuant to Section 12.16 , and any other cause whether of the <br /> kinds specifically enumerated above or otherwise which is not reasonably within the <br /> control of the party whose performance is to be excused and which by the exercise of <br /> due diligence could not be reasonably prevented or overcome. <br /> (b) Neither party hereto shall be under any obligation to supply any service or services if <br /> and to the extent and during any period that the supplying of any such service or services <br /> 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 other <br /> casualty or occurrence of any nature or any regulatory action or requirements that, in <br /> either case, is expected to render the Facility materially unusable, either party may <br /> terminate this Agreement upon written notice to the other. <br /> 12.6 Binding Upon Successors and Assigns; No Third-Party Beneficiaries; Subordination. <br /> (a)This Agreement and the rights and obligations set forth herein shall inure to the benefit <br /> of, and be binding upon, the parties hereto and each of their respective successors and <br /> permitted assigns. <br /> (b) This Agreement shall not be construed as giving any Person, other than the parties <br /> hereto and their successors and permitted assigns, any legal or equitable right, remedy <br /> or claim under or in respect of this Agreement or any of the provisions herein contained, <br /> this Agreement and all provisions and conditions hereof being intended to be, and being, <br /> for the sole and exclusive benefit of the parties hereto and their successors and permitted <br /> assigns and for the benefit of no other Person. <br /> (c) This Agreement shall, at all times, be and remain subordinate to any deed of trust or <br /> other security interest which uses the Facility and the land upon which the Facility is <br /> located as security for funds borrowed by the County for the purchase or any addition to <br /> or expansion of the Facility, and the land upon which the Facility is located; or borrowed <br /> for any other public purpose of the County, now or in the future. PFPC agrees to execute <br /> any acknowledgement of this subordination reasonably requested by a County lender. <br /> 12.7 Notices. <br /> Any notice, consent or other communication given pursuant to this Agreement must be in <br /> writing and will be effective either (a) when delivered personally to the party for whom <br /> intended, provided a delivery receipt is secured by the deliverer, (b) on the second <br /> business day following mailing by an overnight courier service that is generally recognized <br /> as reliable, (c) on the fifth day following mailing by certified or registered mail, return <br /> receipt requested, postage prepaid, or (d) on the date transmitted by telecopy as shown <br /> on the telecopy confirmation therefor as long as such telecopy transmission is followed <br /> by mailing of such notice by certified or registered mail, return receipt requested, postage <br /> 18 <br />