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4.10 Force Majeure. Neither Party will be liable to the other for any delay or failure in performance caused by acts beyond the nonperforming Party's reasonable control, including, without limitation, acts of God or public enemy, act of any military, civil, or regulatory authority, change in any law or regulation, fire, flood, tornado, earthquake, or storm, or other like event, disruption or outage of communications, power or other utility, labor strikes, or any other cause, whether similar or dissimilar to any of the foregoing, which could have not been prevented by the nonperforming Party with reasonable care. Performance times will be considered extended for a period of time equivalent to the time lost because of such delay. The Party asserting a force majeure delay will have the obligation to notify the other Party promptly upon learning of the delay or the reasonable possibility of such delay and to use reasonable efforts to mitigate the effects of the delay. 4.11 Number and Gender. Whenever the singular number is used in this Service Agreement, the plural number will apply where required by the context. Whenever the plural number is used in this Service Agreement, the singular number will apply where required by the context. Whenever the male, female or neuter gender is used in this Service Agreement, the other genders will apply where required by the context. 4.12 Waiver. The failure of either Party at any time or times to require performance of any provisions hereof will in no manner affect its right at a later time to enforce such provision and will not act as a waiver thereof. 4.13 Amendment. Subject to the fee commitment in Section 2.4, LRSC reserves the right to amend the Service Agreement and communicate any changes to the Employer in writing with at least 120 calendar days' notice. If the Employer does not notify LRSC of its intent to terminate the Service Agreement pursuant to Section 4.3 above prior to the expiration of the notice period, the change(s) will become effective upon expiration of the notice period. Employer at its discretion may direct LRSC to waive the 120 day notice period. In addition, Employer and LRSC may agree to amend this Service Agreement by mutual written consent. IN WITNESS WHEREOF, the Parties have executed this Service Agreement on the , of , 20 (Date) (Month) (Yr) LINCOLN RETIREMENT SERVICES SAMPLE CLIENT NAME COMPANY, LLC 0 Ralph Ferraro 0 Its: SVP, Head of Product & Its: Solutions Management Name of signer Title of signer 166