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X. Force Majeure
ESI’s inability to perform any of the obligations provided in this Agreement due to (i) an act of God,
such as earthquake, hurricane, tornado, flooding or other natural disaster; (ii) unavailability or
interruption or delay of transportation, telecommunications, internet, cable, or third-party services;
(iii) failure of software; (iv) inability to obtain supplies or power used in or equipment needed for
provision of the services; (v) labor strikes, riots, insurrection, war; or (vi) other significant factors that
are beyond ESI’s reasonable control (“Force Majeure Event(s)”) shall not be deemed a breach of this
Agreement. In the event of Force Majeure Event(s), ESI shall make every reasonable effort to
minimize delay of performance.
XI. Execution of Documents
This Agreement and all related documents may be executed by the parties in one or more
counterparts, each of which shall be deemed an original, and all of which together shall constitute
one and the same instrument. The exchange of executed copies of this Agreement and related
documents and of signature pages by facsimile transmission and/or by electronic mail in Portable
Document Format ("PDF") or similar format shall constitute effective execution and delivery and may
be used in lieu of the original documents for all purposes. Signatures of the parties transmitted by
facsimile and/or by electronic mail in PDF or similar format shall be deemed to be their original
signatures for all purposes.
XII. Entire Agreement
This Agreement constitutes the entire agreement of the parties hereto with respect to the subject
matter of this Agreement and supersedes any prior understandings or written or oral agreements
between the parties with respect to the subject matter of this Agreement.
EMPLOYEE SERVICES LLC Village of East Aurora, NY
__________________________________ __________________________________
Gordon G. Bell, President Authorized Signature
___________________________ _____________________________
Date Date
{MMO-00175783-1}