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40 . The DEPARTMENT may at any time, by written order designated to be a change order, make any <br /> change minor modifications, as described below. All change orders are subject to the mutual <br /> agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease <br /> in the LOCAL SPONSOR' s cost or time, shall require formal amendment to this Agreement. Minor <br /> modifications which will be handled with a change order include notification of a change in Project <br /> Manager, modification of deliverable due dates when such change does not involve an extension, <br /> and modifying the Project Work Plan when such modifications would not involve a <br /> decrease/increase in cost or an extension of the performance period of this Agreement. <br /> 41 . The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and <br /> regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL <br /> SPONSOR acknowledges that this requirement includes compliance with all applicable federal , state <br /> and local health and safety rules and regulations . The LOCAL SPONSOR further agrees to include <br /> this provision in all subcontracts issued as a result of this Agreement. <br /> 42 . The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the <br /> erosion control project, a sufficient property interest in order to construct, maintain, monitor, and <br /> repair the erosion control project prior to entering each individual property to conduct such activities. <br /> 43 . If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of <br /> the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the <br /> DEPARTMENT orally . Within seven (7) days, the LOCAL SPONSOR shall notify the <br /> DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to <br /> be taken to minimize the delay and the LOCAL SPONSOR' s intended timetable for implementation <br /> of such measures. If the parties agree that the delay or anticipated delay was caused, or will be <br /> caused by a force majeure, the DEPARTMENT may, at its discretion, extend the time for <br /> performance under this Agreement for a period of time equal to the delay resulting from the force <br /> majeure upon execution of an amendment to this Agreement . Such agreement shall be confirmed by <br /> letter from the DEPARTMENT accepting, or if necessary , modifying the extension. A force <br /> majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public <br /> enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely <br /> necessary third party approvals through no fault of the LOCAL SPONSOR, and any other cause, <br /> whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the <br /> control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is <br /> responsible for the performance of all services issued under this Agreement. Failure to perform by <br /> the LOCAL SPONSOR' s consultant(s) or subcontractor(s) shall not constitute a force majeure event . <br /> 44 . This Agreement represents the entire agreement of the parties . Any alterations, variations, changes, <br /> modifications or waivers of provisions of this Agreement shall only be valid when they have been <br /> reduced to writing, duly signed by each of the parties hereto, and attached to the original of this <br /> Agreement, unless otherwise provided herein. <br /> DEP Agreement No . 14IR2 Page 11 of 12 <br />