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Case 1:20-bk-12043 Doc 116-1 Filed 07/28/20 Entered 07/28/20 14:1 - <br /> Exhibit A - Engagement Agreement Page 7 of 15Ar <br /> . epl..... <br /> 11.7 Except for Client's obligation to pay fees, expenses and charges hereunder when due, neither <br /> party shall be in default or otherwise liable for any delay in or failure of its performance under <br /> this Agreement to the extent such delay or failure arises by reason of any act of God, any <br /> governmental requirement, act of terrorism, riots, epidemics, flood, strike, lock-out, industrial or <br /> transportational disturbance, fire, lack of materials, war, event of force majeure, or other acts <br /> beyond the reasonable control of a performing party. <br /> 11.8 This Agreement may be executed in counterparts, each of which shall be deemed to be an <br /> original,but all of which shall constitute one and the same agreement. <br /> 11.9 All clauses and covenants in this Agreement are severable; in the event any or part of them are <br /> held invalid or unenforceable by any court, such clauses or covenants shall be valid and enforced <br /> to the fullest extent available, and this Agreement will be interpreted as if such invalid or <br /> unenforceable clauses or covenants were not contained herein. The parties are independent <br /> contractors and, except as expressly stated herein, neither party shall have any rights, power or <br /> authority to act or create an obligation on behalf of the other party. <br /> 6 <br />