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change in the Project Manager designation by written notice as specified in this <br />Agreement. <br />C. The COUNTY shall pay for the design of the drainage improvement <br />project as described in Article TV Section A of this Section utilizing previously collected <br />and encumbered Miami -Dade County Stormwater Utility revenues for this purpose as per <br />the COUNTY's Work Authorization No. 2, Attachment B. No further compensation shall <br />be requested from the CITY. <br />ARTICLE V <br />TERM OF THE AGREEMENT <br />A. The term of this Agreement shall continue until September 30, <br />2000. <br />B. The parties hereby agree that time is of the essence in the <br />performance of every obligation under this Agreement. <br />ARTICLE VI <br />NO TIEADPARTYBENE�F4GLAKIES <br />COMPENSATION CONSIDERATION <br />Tt is the intent and understanding of the parties that this Agreement is <br />solely for the benefit of the CITY and the COUNTY. No person or entity other than the <br />CITY or the COUNTY shall have any rights or privileges under this Agreement in any <br />capacity whatsoever, either as third -party beneficiary or otherwise. <br />ARTICLE MY <br />FORCE MAJEURE <br />Neither party hereto shall be liable for its failure to carry out its obligations under <br />the Agreement during any period when such party is rendered unable, in whole or in part, <br />by Force Majeure to carry out such obligations, but the obligations of the party relying on <br />such Force Majeure shall be suspended only during the continuance of any inability so <br />caused and for no longer period of said unexpected or uncontrollable event, and such <br />cause shall, so far as possible, be remedied with all reasonable dispatch. <br />It is further agreed that the right of any party hereto to excuse its failure to <br />perform by reason of Force Majeure shall be conditioned upon such party giving, to the <br />other parry, written notice of its assertion that a Force Majeure delay has commenced <br />within ten (10) working days after such commencement, unless there exists good cause <br />for failure to give such notice, in which event, failure to give such notice shall not <br />prejudice any party's right to justify any non-performance as caused by Force Majeure <br />unless the failure to give timely notice causes material prejudice to the other party. <br />Page 4 of 10 <br />