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whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for <br />any other, different or subsequent breach. <br />J. Force Majeure. If the party obligated to perform is prevented from performance by an act <br />of war, order of legal authority, act of God, or other unavoidable cause not attributable to <br />the fault or negligence of said party, the other party shall grant such party relief from the <br />performance of this Agreement. The burden of proof for the need of such relief shall rest <br />upon the party obligated to perform. To obtain release based on force majeure, the party <br />obligated to perform shall file a written request with the other party. <br />K. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, DISTRIBUTOR EACH PARTY <br />SHALL INDEMNIFY, DEFEND, PROTECT, AND SAVE HARMLESS THE OTHER PARTY AND <br />THEIR OFFICIALS, EMPLOYEES, AGENTS AND AGENTS' EMPLOYEES FROM AND AGAINST <br />ALL CLAIMS, SUITS, ACTIONS, LIABILITY, LOSS, DAMAGE, REASONABLE ATTORNEY'S <br />FEES, COSTS, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO EXPENSES RELATED TO <br />EXPERT WITNESSES) OF ANY KIND WHATSOEVER, TO THE EXTENT ARISING FROM ANY <br />NEGLIGENT ACT, ERROR OR OMISSION OF EITHER PARTY OR ANY OF ITS EMPLOYEES <br />AND /OR ITS AGENTS AND AGENTS' EMPLOYEES IN CONNECTION WITH THE <br />PERFORMANCE OF THIS AGREEMENT. <br />L. Entire Agreement. This Agreement represents the entire and integrated agreement <br />between the parties hereto and supersedes all prior negotiations, representations, or <br />agreements, either oral or written. This Agreement may be amended only by written <br />instrument signed by each party to this Agreement. <br />Executed to be effective as of the date of the last party's execution below. <br />CITY OF SAN MARCOS <br />630 E. Hopkins Stree <br />San Marc s, Texa 8 66 <br />By:: _ , /_!� <br />Jar d Miller <br />City of San Marcos <br />City Manager <br />Date: September 2, _,2015 <br />+;�L "• "! , RIZABETH TREVINO <br />Notary Public, State of Texas <br />My Commission Expires <br />7 °S. ��� October 20, 2015 <br />