The par11(--,,i' represeritalkiles Wk r-nect as to irrplenient the terms
<br />of this Agreen"ient and shall make a good faith atteimpt to hnforqiafly resolve any
<br />dJSP'Ute$.
<br />Except to prevent irreparable harui for which there is no adeClUate remedy,
<br />at law, neither party herralln shall file sLilt to enforce this Agreernei it vvitl")out first
<br />8 1
<br />Ubn*fir)q We dispute to confidentW, non-binding niechaflon before a n,)ediator
<br />[T)Uklallly agre�ed Lll-JCAI by the pardes,
<br />This Agreeili,ie.ilt shall be governed by and construed in accord'ance with
<br />fl"ie laws of the State of 'Turas.,
<br />ARTICLE XVII
<br />ThAgreeirent rnay be executed in triplicate, each of villich shall be
<br />deerned an orligjnal� and constitute, one and the Uln)e illStIlin"i,eant.
<br />Neither Ll-N)C n Recipient shall be required to perform any term,
<br />condrtion, or covenant ii r this Agreernent so long as such poJorrmance is delayed
<br />UrL prevented by force majeure. As used in 'this Article XVII, farce rnajek,ae, means
<br />any cw,,tse not reasonably within the control of a parl�y [')eretol and which by the
<br />exercise of (Jue diiJgence such pearty is unable, whoHly or 4') part, to prevent or
<br />ove.rcome, inClUdllngl but not HrMea(J to,, plhysrcal events such as acts of God,
<br />landslides, ,,jf'Ihquakes, Fres, storrns or storm warn,ings,SUCI) as
<br />hurricane s resulting in evacuation, floods, washr)Uts, exposion s, rnachinery
<br />n-talfunctioris or breakdovons, inablllty to obt@4i fuel, power, or materizils
<br />necessary for production, deficient transportation, electric power olutagres, strikes,
<br />lockouts, or other illdUstriall disturbances, acts of a Public, eneniy, sabotage',
<br />wars, inSUrrectinns, riots, acts of terror, and con-pliance with any lavd,
<br />arder, rule. 01`J'egUlatiOr11 of any gc)vvenni enW agency,
<br />ARTICLE XV111
<br />In executinq fl -vis Agreement the Recipient whose. signature appears
<br />belovv affirrns its intent arixl carnnr iitrnent to comply jr) I'Li,11 with Slection 2264,052 of
<br />the Gove rnrne nt Cade and certifies that it: does not and will not knowingly employ
<br />an Undlocurnented worker during the term of this Agreement.. 'rhe Recipfent
<br />fUrthor ccrtifies its, kinderstanr,'Jing at x1 agreement that if it is conv[lated of a
<br />V10126011 Df 8 U.S.C, Section I 4r (f), providing for crvil anid/or criminal penalties
<br />For engagin.g 0 a patterf"I Or pr@cfte of knovoirigly hiring or continuing to employ
<br />unauthorizer] afiens, it shall, repay fhe amount of the IfUnds received hereunder
<br />vMh interest, at the rate and according to the terms of the agreement signed
<br />under Sr cfiori 2,264,053, of the Governiment Code, not later, thai-i the 1201h day
<br />after the datethe I -POC ilioh[ieS ty, tau it Of th(-D V101,16011,
<br />
|