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<br />terms and conditions, but the same shall continue and remain in full force and effect as if no <br />such forbearance or waiver had occurred. <br />SEC'T'ION TRIRTEEN <br />Fxcusahle Delay <br />Neither party to this agreement shall be liable to the other party for any lou, <br />cost, or damages arising out of, or resulting from, any failure to perform in accordance with <br />the terms of this agreement where such failure shall be beyond the reasonable control of such <br />party, which, az employed herein, shall be deemed to mean, but not be limited to, acts of <br />God, strikes, lockouts, or other industrial disturbances, wars, whether declared or <br />undeclared, blockades, insurrections, riots, governmental act, explosions, fire, floods, or any <br />other cause not within the reasonable control of either party. <br />is <br />Any notice provided or permitted to be given under this agreement must be in <br />writing and may be given and shall be deemed to have been given (i) by depositing the same <br />in the U. S. b1ai1 addressed to the other party notified, postage prepaid and registered or <br />certified with return receipt requested; (ii) by delivering the same in person to such party; or <br />(iii) by depositing the same into the custody of a nationally recognized overnight delivery <br />service such az, but not limited to, Federal Express Corporation, addressed to the ocher party <br />to be notified. For purposes of notice, the address of the parties are az set forth above <br /> <br />-6- <br />