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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 of this <br /> Agreement, unless otherwise provided herein . <br /> REMAINDER OF PAGE INTENTIONALLY LEFT BLANK <br /> DEP Agreement No . H51R1 , Page 8 of 9 <br />