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<br />under any Party. <br />14.05 The captions and headings appearing in this Agreement <br /> <br />are inserted merely to facilitate reference and shall have no <br /> <br />bearing upon the interpretation thereof. <br />14.06 Except to the extent otherwise provided in this <br /> <br />Agreement, each term, covenant and condition of this Agreement is <br /> <br />deemed to be an independent term, covenant and condition, and the <br /> <br />obligation of any Party to perform all of the terms, covenants and <br />conditions to be kept and performed by it is not dependent on its <br /> <br />performance by the other Party of any or all of the terms, <br />covenants and condi tions to be kept and performed by them. <br /> <br />14.07 In the event that any of the terms, covenants or <br /> <br />conditions of this Agreement, or the application of any such term, <br /> <br />covenant or condition, shall be held invalid as to any person or <br /> <br />circumstance by any court having jurisdiction in the premises, the <br /> <br />remainder of this Agreement, and the application of its terms, <br /> <br />covenants or conditions to such persons or circumstances shall not <br /> <br />be affected thereby. <br />14.08 Any waiver at any time by any Party of its rights with <br /> <br />respect to a default or any other matter arising in connection <br /> <br />with this Agreement shall not be deemed a waiver with respect to <br />any subsequent default or matter. <br /> <br />14.09 (a) <br /> <br />In the event that either LCRA or CITY is rendered <br /> <br />unable, wholly or in part, to perform any of its obligations under <br />this Agreement, by reason of physical inability of CITY to deliver <br /> <br />27. <br />