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Ord 1988-080
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Ord 1988-080
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Last modified
8/10/2007 11:35:07 AM
Creation date
8/10/2007 11:35:07 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Amending
Number
1988-80
Date
10/24/1988
Volume Book
93
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<br />wastewater, or drainage and storm sewer systems and facil- <br />i ties which are within the District I s functions, powers, <br />authority, rights, and duties for which it is created within <br />the terms of this Amended Agreement. <br /> <br />ARTICLE TWELVE <br /> <br />SEVERABILITY AND ENFORCEABILITY <br /> <br />Section 12.01. Severabili tv. The provisions of this <br />Amended Agreement are severable and, in the event any word, <br />phrase, clause, sentence, paragraph, section or other <br />provision of this Amended Agreement, or the application <br />thereof to any person or circumstance, shall ever be held or <br />determined to be invalid, illegal or unenforceable for any <br />reason, the remainder of this Amended Agreement shall remain <br />in full force and effect and the application thereof to any <br />other person or circumstance shall not be affected thereby. <br />The invalid, illegal or unenforceable provision shall be <br />rewritten to accomplish the parties' original intent, insofar <br />as possible. <br /> <br />Section 12.02. Enforceability. In the event that the <br />Commission or any court of competent jurisdiction determines <br />that any provision of this Amended Agreement is beyond the <br />scope of the Texas Water Code, the Ci ty and LRL agree to <br />immediately amend this Amended Agreement to conform to such <br />ruling or decision. <br /> <br />ARTICLE THIRTEEN <br /> <br />FORCE MAJEURE <br /> <br />In the event that any party is rendered unable, wholly <br />or in part, by force majeure to carry out its obligations <br />under this Amended Agreement, then the obligations of such <br />party, to the extent affected by such force majeure and to <br />the extent that due diligence is being used to resume <br />performance at the earliest practicable time, shall be <br />suspended during the continuance of any inability so caused <br />to the extent provided, but for no longer period. As soon as <br />reasonably possible after the occurrence of the force majeure <br />relied upon, the party whose contractual obligations are <br />affected thereby shall give written notice and full <br /> <br />-19- <br />
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