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<br />ARTICLE FIVE <br />TERM OF AMENDED AGREEMENT <br /> <br />This Amended Agreement shall continue in effect from the <br />effective date hereof for a period of forty (40) years from <br />such date or until the District is annexed by the City, <br />whichever occurs first, renewable so long as District bonds <br />remain outstanding. If the District is not created within <br />eighteen (18) months of July 25, 1988, this Amended Agreement <br />shall be of no force and effect unless all parties agree to <br />an extension hereof. <br /> <br />ARTICLE SIX <br /> <br />SEVERABILITY <br /> <br />The provisions of this Amended Agreement are severable <br />and, in the event any word, phrase, clause, sentence, <br />paragraph, section or other provision of this Amended <br />Agreement, or the application thereof to any person or <br />circumstance, shall ever be held or determined to be invalid, <br />illegal or unenforceable for any reason, the remainder of <br />this Amended Agreement shall remain in full force and effect <br />and the application thereof to any other person or <br />circumstance shall not be affected thereby. The invalid, <br />illegal or unenforceable provision shall be rewritten to <br />accomplish the parties' original intent, insofar as possible. <br /> <br />ARTICLE SEVEN <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 /> <br />-7- <br />