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<br />the Texas Water Code, the City and LRL agree to immediately <br />amend this Agreement to conform to such ruling or decision. <br /> <br />ARTICLE TWELVE <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 II force maj eure ", 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, and any other liabilities of any party, <br />whether similar to those enumerated or otherwise, which are <br />not within the control of the party claiming such inability <br />and which such party could not have avoided by the exercise <br />of due diligence and care. It is understood and agreed that <br />the settlement of strikes and lockouts shall be entirely <br />within the discretion of the party having the difficulty and <br />that the above requirement that any force majeure be rem- <br />edied wi th all reasonable dispatch shall not require the <br />settlement of strikes and lockouts by acceding to the <br />demands of the opposing party or parties when such settle- <br />ment is unfavorable in the judgment of the party having the <br />difficulty. <br /> <br />-17- <br />