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<br />act or omission of C1ny governmental authority. delay or failure or shortage of any type of <br />transportation. equipment. or senice from a public utility needed for their performance. <br />provided that: (a) the non-performing party gives the other party prompt written notice <br />describing the particulars of the Force Majeure including. but not limited to. the nature of the <br />occurrence and its expected duration and wntinues to furnish timdy reports thereto during the <br />period of the Force Majeure: (b) the excise of performance is of no greater scope and of no <br />longer duration than is required by Force Majeure: and (c) the non-performing party uses its best <br />efforts to remedy its inability to perform. <br /> <br />Section 22. Term This Agreement shall take effect upon its execution and shall <br />terminate upon completion of the Project. <br /> <br />(the remainder of this page is intentionally left blank) <br /> <br />Page 6 <br />