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permitted by law. If any amount due and owing by either Party is placed with an attorney for
<br />collection by the other Party, the owing Party shall pay to the owed Party, in addition to all other
<br />payments provided for by this Agreement, including interest, the owed Party' s collection
<br />expenses, including court costs and attorney's fees.
<br />Section 29. Waiver and Amendment.
<br />Failure to enforce or the waiver of any provision of this Agreement or any breach of
<br />nonperformance by City or GBRA shall not be deemed a waiver by GBRA or City of the right in
<br />the future to demand strict compliance and performance of any provision of this Agreement.
<br />Regardless of any provision contained in this Agreement to the contrary, any right or remedy or
<br />any default under this Agreement, except the right of City to receive payments for water
<br />treatment and the right of GBRA to receive the payments for raw water delivery which shall
<br />never be determined to be waived, shall be deemed to be conclusively waived unless asserted by
<br />a proper proceeding at law or in equity within two (2) years plus one (1) day after the occurrence
<br />of the default.
<br />No officer or agent of City or GBRA is authorized to waive or modify any provision of
<br />the Agreement. No modifications to or rescission of this Agreement may be made except by a
<br />written document signed by City's and GBRA's authorized representatives.
<br />Section 30. Remedies.
<br />It is not intended hereby to specify (and this Agreement shall not be considered as
<br />specifying) an exclusive remedy for any default, but all such other remedies (other than
<br />termination) existing at law or in equity may be availed of by any Party hereto and shall be
<br />cumulative. Recognizing, however, that failure in the performance of any Party's obligations
<br />hereunder could not be adequately compensated in money damages alone, each Party agrees in
<br />the event of any default on its part that each Party shall have available to it the equitable remedy
<br />of mandamus and specific performance, in addition to any other legal or equitable remedies
<br />(other than termination) which also may be available.
<br />Section 31. Force Maj cure.
<br />If for any reason of force majeure, either the City or GBRA shall be rendered unable,
<br />wholly or in part, to carry out its obligations under this Agreement, other than the obligation of
<br />GBRA and the City to make the payments required under the terms of this Agreement, then if the
<br />Party shall give notice of the reasons in writing to the other Party within a reasonable time after
<br />the occurrence of the event, or cause relied on, the obligation of the Party giving the notice, so
<br />far as it is affected by the force majeure, shall be suspended during the continuance of the
<br />inability then claimed, but for no longer period. The term "force majeure" as used in this
<br />Agreement shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of
<br />public enemy, orders or actions of any kind of government of the United States or of the State of
<br />Texas, or any civil or military authority, insurrections, riots, epidemics, landslides, lightning,
<br />earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of
<br />government and people, civil disturbances, explosions, breakage or accident to dams, machinery,
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