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Mn/DOT Contract No: 04445 <br /> 12.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not <br /> obtain funding from the Minnesota Legislature, or other funding source; or if finding cannot be continued at a <br /> level sufficient to allow for the performance of contract construction under the Project. Termination must be <br /> by written or fax notice to the City. <br /> 12.3.Suspension. In the event of a total or partial government shutdown,the State may suspend this Agreement <br /> and all work,activities and performance of work authorized through this Agreement. <br /> 13. Force Majeure <br /> Neither parry will be responsible to the other for a failure to perform under this Agreement(or a delay in <br /> performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a <br /> party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, <br /> labor disputes,acts of war or terrorism, or public health emergencies. <br /> [The remainder of this page has been intentionally left blank] <br /> -4- <br />