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<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 Agreement, then the obligations of such party, to <br />the extent affected by such force majeure and to the extent <br />that due diligence is being used to resume performance at <br />the earliest practicable time, shall be suspended during the <br />continuance of any inability so caused to the extent pro- <br />vided, but for no longer period. As soon as reasonably <br />possible after the occurrence of the force majeure relied <br />upon, the party whose contractual obligations are affected <br />thereby shall give written notice and full particulars of <br />such force majeure to the other parties. Such cause, as far <br />as possible, shall be remedied with all reasonable dili- <br />gence. The term 11 force maj eure 11, as used herein, shall <br />include, without limitation of the generality thereof, acts <br />of God, strikes, lockouts, or other industrial disturbances, <br />acts of the public enemy, orders of any kind of the govern- <br />ment of the United States or the State of Texas or any civil <br />or military authority, insurrections, riots, epidemics, <br />landslides, lightning, earthquakes, fires, hurricanes, <br />storms, floods, washouts, droughts, arrests, civil distur- <br />bances, explosions, whether similar to those enumerated or <br />otherwise, which are not within the control of the party <br />claiming such inability and which such party could not have <br />avoided by the exercise of due diligence and care. It is <br />understood and agreed that the settlement of strikes and <br />lockouts shall be entirely wi thin the discretion of the <br />party having the difficulty and that the above requirement <br />that any force maj eure be remedied wi th all reasonable <br />dispatch shall not require the settlement of strikes and <br />lockouts by acceding to the demands of the opposing party or <br />parties when such settlement is unfavorable in the judgment <br />of the party having the difficulty. <br /> <br />ARTICLE EIGHT <br /> <br />BENEFITS OF AGREEMENT <br /> <br />This Agreement is for the benefit of the City, and LRL, <br />their successors and assigns, and shall not be construed to <br />confer any benefit on any other party except as expressly <br />provided herein. <br /> <br />-7- <br />