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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 the Owner, in executing this Agreement, and in performing their respective <br />obligations, are acting independently, and not in any form of partnership or joint venture. <br />Section 5.08. Third Party Beneficiaries. This Agreement is for the exclusive benefit of <br />the Parties and no third party may claim any right, title or interest in any benefit arising under <br />this Agreement. Among other things, no third party may pursue any claim against the City <br />asserting the right to allow the continued the Pole Sign or any claim against the City for lost <br />revenues due to the removal of any such sign under this Agreement. THE CITY ASSUMES <br />NO RESPONSIBILITIES OR LIABILITIES TO ANY THIRD PARTIES IN <br />CONNECTION WITH THIS AGREEMENT, AND THE OWNER AGREES TO <br />INDEMNIFY, DEFEND AND HOLD THE CITY, ITS OFFICERS, AGENTS AND <br />EMPLOYEES, HARMLESS FROM ANY SUCH LIABILITIES OR CLAIMS BY THIRD <br />PARTIES. <br />Section 5.09. Severability. If any provision of this Agreement is held to be illegal, <br />invalid or unenforceable under present or future laws effective while this Agreement is in effect, <br />such provision shall be automatically deleted from this Agreement and the legality, validity and <br />enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in <br />lieu of such deleted provision, there shall be added as part of this Agreement a provision that is <br />legal, valid and enforceable and that is as similar as possible in terms and substance as possible <br />to the deleted provision. <br />Section 5.10. Sole Agreement. This Agreement constitutes the sole and only <br />Agreement of the Parties hereto respecting the subject matter covered by this Agreement, and <br />supersedes any prior understandings or written or oral agreements between the parties. <br />Section 5.11. Amendments. No amendment, modification or alteration of the terms <br />hereof shall be binding unless the same shall be in writing and dated subsequent to the date <br />hereof and duly executed by the parties hereto. <br />Section 5.12. Agreement not a Permit. The Owner acknowledges and agrees that this <br />Agreement, and the waivers granted herein, do not constitute a permit under Chapter 245 of the <br />Texas Local Government Code. For any signs proposed to be installed under this Agreement, <br />I <br />