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9.9 No Communications with Governmental Authority The Company shall not communicate with any Governmental Authority concerning the Services without Fargo Cass's prior approval, except as provided by Law. 9.10 Open Records Requirements Notwithstanding any ofthe foregoing, the Parties recognize that Fargo and Cass are subject to open records laws and requirements of the state of North Dakota and/or the government of the United States of America, which govern the Parties. ARTICLE 10 Force Majeure 10.1 Events of Force Majeure Either party shall be excused form performance of its obligations under this Agreement, other than payment of monies when due, in the event and to the extent that such performance is delayed or prevented by any cause or vent beyond the reasonable control of such party (individually, an "Event of Force Majeure" or "Event"), including, but not limited to, any act of God or of the public enemy, war, insurrection, riot, civil disturbance, labor dispute, fire, flood, washout, storm, landslide, explosion, embargo, or any act or order of any military or civil authority (including courts). Within a reasonable period oftime after a party determines that an Event of Force Majeure exists which delays or prevents the performance of its obligations under this Agreement, such party shall give the other party notice thereof, and such party shall use all reasonable efforts to eliminate such Event insofar as possible with a minimum of delay. Nothing contained in this Section shall require such party to submit to what it reasonable considers to be unreasonable conditions or restrictions. ARTICLE 11 Subcontractors and Agents 11.1 Subcontractors and Agents The Company agrees to preserve and protect the rights of the Parties under this Agreement with respect to any of the Services to be performed under subcontract or by an agent and when entering into contracts or written agreements with subcontractors or agents to require them to perform part of the Services in accordance with and subject to the terms and conditions of this Agreement. The Company shall be fully responsible to Fargo Cass for the acts and omissions of subcontractors and agents and of persons directly employed or subcontracted by them in the same manner in that the Company is responsible under this Agreement for acts and omissions of persons directly employed by the Company. The Company, therefore, agrees that it shall incorporate the terms and conditions of this Agreement into all subcontract agreements entered into with subcontractors and agents. ARTICLE 12 Training v3 -15-