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9. UNCONTROLLABLE FORCES <br />No Party shall be considered to be in default in the performance of any obligation under this <br />Agreement (other than an obligation to make payment for bills rendered for past service <br />pursuant to this Agreement) when failure of performance shall be due to uncontrollable forces. <br />Uncontrollable forces shall mean any cause or causes beyond the control of the Party unable to <br />perform such obligation. <br />10. ASSIGNMENT OF AGREEMENT <br />No Party shall voluntarily assign this Agreement or any part thereof without prior written <br />consent of the other Party, whose consent shall not be unreasonably withheld. <br />11. EXECUTION <br />This agreement shall be executed in two (2) counterparts, each shall be an original, but both <br />shall constitute one and the same instrument. <br />IN WITNESS THEREOF, the parties hereto have executed the Agreement, or cause it to be executed in <br />counterpart as of the day, month, and year first written above. <br />ASHLEY FURNITURE INC. <br />TITLE: <br />ATTEST: <br />BY: <br />SECRETARY <br />CITY OF COLTON <br />BY: <br />TITLE: <br />ATTEST: <br />=]i <br />