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This Agreement may be executed in triplicate, each of which shall be deemed an original and
<br />constitute one and the same instrument. A signature of a party transmitted to the other party by
<br />facsimile, PDF or other electronic means shall constitute the original signature of such party for all
<br />purposes.
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<br />ARTICLE XVII
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<br />Neither LPDC nor Recipient shall be required to perform any term, condition, or covenant in this
<br />Agreement so long as such performance is delayed or prevented by force majeure. As used in this
<br />Article XVII, force majeure means any cause not reasonably within the control of a party hereto, and
<br />which by the exercise of due diligence LPDC or Recipient is unable, wholly or in part, to prevent or
<br />overcome, such party is unable, wholly or in part, to prevent or overcome, including, but not limited to,
<br />physical events such as acts of God, landslides, lightning, earthquakes, fires, storms or storm warnings,
<br />such as hurricanes resulting in evacuation, floods, washouts, explosions, machinery malfunctions or
<br />breakdowns, inability to obtain fuel, power, or materials necessary for production, deficient
<br />transportation, electric power outages, strikes, lockouts, or other industrial disturbances, acts of a public
<br />enemy, sabotage, wars, blockades, insurrections, riots, acts of terror, and compliance with any law,
<br />order, rule, or regulation of any governmental agency. In the case of an event of force majeure, all time
<br />limitations contained herein shall be extended on a day-for-day basis for a period equal to the length a
<br />are suspended due to such event of force majeure.
<br />ARTICLE XVIII
<br />In executing this Agreement, the Recipient whose signature appears below affirms its intent and
<br />commitment to comply in full with Section 2264.052 of the Government Code and certifies that it does
<br />not and will not knowingly employ an undocumented worker during the term of this Agreement. The
<br />Recipient further certifies its understanding and agreement that if it is convicted of a violation of 8 U.S.C.
<br />Section 1324a(f), providing for civil and/or criminal penalties for engaging in a pattern or practice of
<br />knowingly hiring or continuing to employ unauthorized aliens, it shall repay the amount of the funds
<br />received hereunder with interest, at the rate and according to the terms of the agreement signed under
<br />Section 2264.053 of the Government Code, not later than the 120th day after the date the LPDC notifies
<br />the business of the violation.
<br />ARTICLE XIX
<br />In no event will either party be liable to the other party for any indirect, special, punitive,
<br />exemplary, incidental or consequential damages and this limitation will apply regardless of whether or
<br />not the other party has been advised of the possibility of such damages. total liability under
<br />this Agreement, including for its indemnification, defense, and hold harmless obligations, shall not
<br />exceed the amount of funds actually received by Recipient from the LPDC under the Agreement.
<br />ARTICLE XX
<br />The Agreement embodies the complete agreement of the parties hereto, superseding all oral or
<br />written pervious and contemporary agreements between the parties, which relate to matters in this
<br />Agreement.
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