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demands per Section 4(e) which is not remedied within thirty (30) days of written notice from <br /> Calpine of such failure . If an event of default occurs the affected Party(ies) may terminate this <br /> Contract and pursue whatever rights and remedies it/they may have at law or in equity. <br /> 11 . Excuse from Performance : <br /> If for any reason during the Term of this Agreement, any local, state or federal <br /> government or agency shall fail or refuse; (i) to issue any necessary permit or grant any necessary <br /> approval ; or (ii) modify any applicable permit or regulation when requested to do so ; or (iii) require <br /> any change in the operation of the treatment, transmission, and/or distribution systems for the <br /> application and use of the stormwater by Calpine ; then, to the extent that such action shall <br /> substantially affect any party' s performance under the terms of this Agreement, the affected party <br /> shall be excused from the performance thereof. The parties hereto shall immediately undertake to <br /> renegotiate that portion, and only that portion, of this Agreement affected by such requirements so <br /> that this Agreement, as renegotiated, will be in conformity with such permits, approvals or <br /> requirements . <br /> 12 . Decisions by the County or District : <br /> In those circumstances set forth herein in which a decision must or can be <br /> made by the County or the District, neither the County nor the District shall exercise such discretion <br /> in an arbitrary or unreasonable manner, nor will the County or the District unreasonably or arbitrarily <br /> 24 <br /> 8 .5 .04 Water Agreement <br />