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responsibility by approving plans, issuing permits or approvals or making inspections related to <br />the Project. <br />Section 5.05. Force Majeure. A Force Majeure event means an event beyond the <br />reasonable control of a party obligated to perform an act or take some action under this <br />Agreement including, but not limited to, acts of God, earthquake, fire, explosion, war, civil <br />insurrection, acts of the public enemy, act of civil or military authority, sabotage, terrorism, <br />floods, lightning, hurricanes, tornadoes, severe snow storms or utility disruption, strikes, <br />lockouts, major equipment failure or the failure of any major supplier to perform its obligations. <br />Section 5.06. No Waiver of Immunity or Liability. Nothing in this Agreement, and no <br />action of the City under this Agreement, will constitute a waiver of any immunity of the City to <br />suit or to liability or of any limitations on liability granted by law or the Texas Constitution. <br />Section 5.07. No Joint Venture. It is understood and agreed between the parties that <br />the City and Torchy's, in executing this Agreement, and in performing their respective <br />obligations, are acting independently, and not in any form of partnership or joint venture. THE <br />CITY ASSUMES NO RESPONSIBILITIES OR LIABILITIES TO ANY THIRD <br />PARTIES IN CONNECTION WITH THIS AGREEMENT, AND TORCHY'S AGREES <br />TO INDEMNIFY, DEFEND AND HOLD THE CITY, ITS OFFICERS, AGENTS AND <br />EMPLOYEES, HARMLESS FROM ANY SUCH LIABILITIES. <br />EXECUTED to be effective June 17, 2014. <br />CITY OF SAN MARCOS: <br />By: J- z I <br />+d Mil r., ity Manager <br />SUCCESS FOODS MANAGEMENT GROUP, L.L.C.: <br />By: <br />Rebecca Kubena, Member <br />