in any such court, and further irrevocably waives, to the fullest extent permitted by law,
any claim that any such suit, action, or proceeding brought in any such court has been
brought in any inconvenient forum, (iv) agrees that service of process in any such action
may be effected by mailing a copy thereof by registered or certified mail (or any
substantially similar form of mail), postage prepaid, to such party at its notice address set
forth herein, or at such other address of which the other party hereto shall have been
notified and (v) agrees that nothing herein shall affect the right to effect service of
process in any other manner permitted by law.
(c) Should any Dispute result in a judicial proceeding, each of the parties
knowingly, voluntarily, and intentionally waives any right it may have to a trial by jury in
respect of any such proceeding. Furthermore, each of the parties waives any right to
consolidate any action in which a jury trial has been waived with any other action in
which a jury trial cannot be or has not been waived.
Section 13.3 - Continued Performance. During the pendency of any Dispute,
Operator and Owner shall continue to perform their obligations under this Agreement.
ARTICLE 14
MISCELLANEOUS PROVISIONS
Section 14.1 - Assignment. Neither this Agreement nor any interest herein may be
assigned by either party without the prior written authorization of the other party. Any
assignee must agree in writing to be bound by the terms and conditions of this
Agreement.
Section 14.2 - Access to Project.
(a) Owner. Owner and its respective agents and representatives shall have access
at all times to the Project and any documents, materials and records and accounts relating
to Project operations for purposes of inspection and review. Upon the request of Owner,
or its respective agents and representatives, Operator shall make available to such persons
or entities and provide them with access to any operating data and all operating logs.
(b) Cooperation. During any such inspection or review of the Project, each of
Owner, and its respective agents and representatives shall use its reasonable commercial
efforts to cause authorized visitors to comply with Operator's safety and security
procedures and to conduct such inspection and review in a manner which causes minimal
interference with Operator's activities. Operator agrees to cooperate fully with Owner
and its agents and representatives in providing requested information and documentation
for the support of any financial or legal transactions associated with the Project.
Section 14.3 - Force Majeure. If either Owner or Operator is rendered wholly or
partially unable to perform its obligations under this Agreement (other than payment
obligations) due to a Force Majeure Event, the party affected by such Force Majeure
Event shall be excused from whatever performance is impaired by such Force Majeure
Event, provided that the affected party promptly, upon learning of such Force Majeure
Event and ascertaining that it will affect its performance hereunder, (1) promptly gives
notice to the other party stating the nature of the Force Majeure Event, its anticipated
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