36 . The LOCAL SPONSOR shall comply with all applicable federal , state and local rules and regulations in
<br /> providing services to the DEPARTMENT under this Agreement . The LOCAL SPONSOR
<br /> acknowledges that this requirement includes compliance with all applicable federal , state and local
<br /> health and safety rules and regulations . The LOCAL SPONSOR further agrees to include this provision
<br /> in all subcontracts issued as a result of this Agreement .
<br /> 37 . If a force majeure occurs which causes delays or the reasonable likelihood of delay in the fulfillment of
<br /> the requirements of this PROJECT Agreement, the LOCAL SPONSOR shall promptly notify the
<br /> DEPARTMENT orally and shall , within seven (7 ) calendar days , notify the DEPARTMENT in writing
<br /> of the anticipated length and cause of the delay , the measures taken or to be taken to minimize the delay,
<br /> and the LOCAL SPONSOR ' s intended timetable for implementation of such measures . If the parties
<br /> agree that the delay or anticipated delay was caused, or will be caused by a force majeure , time for
<br /> performance under this PROJECT Agreement may be extended , at the discretion of the
<br /> DEPARTMENT , for a period of time equal to the delay resulting from the force majeure . Such
<br /> agreement shall be confirmed by letter from the DEPARTMENT accepting , or if necessary , modifying
<br /> the extension . A force majeure shall be an act of God, strike , lockout, or other industrial disturbance ,
<br /> act of the public enemy, war, blockade , public riot, lightning, fire, flood , explosion, failure to receive
<br /> timely necessary governmental or third party approvals , governmental restraint, and any other cause,
<br /> whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the
<br /> control of the LOCAL SPONSOR and/or the DEPARTMENT . The LOCAL SPONSOR is responsible
<br /> for the performance of all services issued under this PROJECT Agreement. Failure to perform by the
<br /> LOCAL SPONSOR ' s consultant(s ) or subcontractor( s) shall not constitute a force majeure event.
<br /> 38 . 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
<br /> of this
<br /> Agreement, unless otherwise provided herein .
<br /> • Attachment( s) A- 1 , B - 1 , C- 1 , D and E are hereby deleted in their entirety.
<br /> • Attachment( s) A-2, B -2, C -2 , D - 1 and E- 1 as attached hereto are hereby added to the Agreement .
<br /> In all other respects , the Agreement, of which this is an Amendment, and attachments relative thereto,
<br /> shall remain in full force and effect .
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<br /> DEP Agreement No . 98181 , Amendment No. 5 , Page 7 of 8
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