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Article VIII — Insurance and Risk -Sharing <br />8.1 Insurance. Each Party shall insure its respective property interests against liability <br />for property damage, personal injury, and other customary liability coverages for municipalities <br />and political subdivisions of the Commonwealth of Virginia in the same manner and to the same <br />extent as to other property of the respective Party. Such coverage may be provided by an <br />actuarially sound policy of self-insurance, through a local government self-insurance risk pool, a <br />licensed insurer, or any combination thereof. <br />8.2 Cooperation in Defense. The Parties agree to cooperate in the defense of any <br />claims relating to the activities contemplated by this Agreement. <br />Article IX — Covenants and Further Assurances <br />Each Party warrants to the other Party that: <br />9.1 It has the requisite authority, including any required corporate authority, to enter <br />into and perform its obligations under this Agreement; and further, that it has taken all corporate <br />actions necessary to authorize the undersigned to execute and deliver this Agreement on its <br />behalf; <br />9.2 The execution, delivery and performance of this Agreement is not in violation of <br />any law, regulation, charter provision, agreement, or permit applicable it; <br />9.3 No litigation, regulatory proceeding, or legislation is pending or, to its knowledge, <br />threatened that would have a material adverse effect on the validity of this Agreement or its <br />performance hereunder; and <br />9.4 It gives such further assurances, and agrees to undertake commercially reasonable <br />efforts to obtain any further property rights, permits or other approvals as might be necessary to <br />carry out the purposes of this Agreement. <br />Article X — Miscellaneous <br />10.1 Time of Performance. Time is of the essence of all matters for which a date or <br />time period is stated. <br />10.2 Force Majeure. Neither Party shall be in default of this Agreement by reason of <br />any failure or delay in performance of this Agreement and of its terms and conditions, or one or <br />more of its obligations hereunder, and such Party's performance of such obligation or obligations <br />shall be excused and extended for and during the period of any such delay if such failure arises <br />out of causes beyond the control of the non-performing Party, including, but not limited to, acts <br />of God or nature, including earthquake, flood, or tornado; acts or orders of governmental <br />authority; insurrections, war or civil disorder; fires, floods or accidents; epidemics, quarantines <br />and like restrictions; strikes or other labor disputes; lack of or delay in transportation not the fault <br />of the non-performing Party, freight embargoes, inability to secure raw materials or <br />transportation facilities using commercially reasonable efforts; acts or omissions of other entities <br />or any and all other causes beyond such Party's reasonable control. Such Party shall notify the <br />2 <br />