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4.1 The records of any Party to this Forbearance Agreement that relate to the creation <br />of ICS shall be open to inspection by any other Party. <br />4.2 The Parties to this Forbearance Agreement are hereby notified of A.R.S. § 38- <br />511. <br />4.3 The Parties agree to comply with all applicable federal or state laws relating to <br />equal opportunity and non-discrimination. <br />4.4 Except as provided in Article 3, including additional exhibits agreed upon by the <br />Parties pursuant to Article 3.2, nothing in this Forbearance Agreement shall be <br />deemed to diminish or waive the rights of any Party. The failure of any Party to <br />enforce a provision of this Forbearance Agreement shall not be deemed to <br />constitute a waiver of that provision. The execution of, and forbearance in <br />compliance with, this Forbearance Agreement shall not be admissible against any <br />Party in any action except for an action to enforce the terms of this Forbearance <br />Agreement or the companion Delivery Agreement. <br />4.5 No Party to this Forbearance Agreement shall be considered to be in default in the <br />performance of any obligations under this Forbearance Agreement when a failure <br />of performance shall be due to uncontrollable forces. The term -incontrollable <br />force" shall mean any cause beyond the control of the party unable to perform <br />such obligation, including but not limited to failure or threat of failure of <br />facilities, flood, earthquake, storm, fire, lightning, and other natural catastrophes, <br />epidemic, war, civil disturbance or disobedience, st!-ike, labor dispute, labor or <br />material shortage, sabotage, restraint by order of a court or regulatory agency of <br />competent jurisdiction, and action ornon-action by, or failure to obtain the <br />necessary authorizations or approvals from, a federal governmental agency or <br />authority, which by exercise of due diligence and foresight such party could not <br />reasonably have been expected to overcome. Nothing contained herein shall be <br />16 <br />