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of an amendment to this Agreement. Such agreement shall be confirmed by letter from the <br />DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act <br />of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public <br />riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through <br />no fault of the LOCAL SPONSOR, and any other cause, whether of the kind specifically enumerated <br />herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the <br />DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued <br />under this Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or <br />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 />REMAINDER OF PAGE INTENTIONALLY LEFT BLANK <br />DEP Agreement No. 141R3, Page 10 of 11 <br />