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Docusign Envelope ID : CO3CBB4M385-4265 -A237- I BAD 6CO02EB8 <br /> j! <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 />