Res 2015-171/approving a lease with Martin Marietta Materials Southwest, Inc., leasing the City’s right to withdraw 165 acre feet of water from the Edwards Aquifer during the lease term beginning on December 1, 2015 and ending on December 31, 2015

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13. Waiver: The failure on the part of either party to require file performance by the other of any portion of this Lease shall not be deemed a waiver of, or in any way affect that party's rights to enforce such provision. Any waiver by either party of any provision of this Lease shall not be a waiver of any other provision hereof. 14. Severability: The invalidity or unenforceability of any provision of this Lease shall not affect the validity or enforceability of any other provision of this Lease. 15. Governing Law: The laws of the State of Texas shall govern this Lease and venue shall lie in Bexar County, Texas. 16. Binding Effect: The Lease shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 17. Authority: Each of the persons signing on behalf of Lessor and Lessee hereby confirm that they have the authority to execute this Lease on behalf of the party indicated by their signature and have the authority to bind such party thereto, 18. Survival: Except as set out herein, all agreements and representations in this Lease shall survive the end of the Term. 19, Force Majeure: There shall be no offset of the Lease Payment due or refiurd of Lease Payments already paid if Lessee is denied the use of all or a portion of the Properly due to any limitation or prohibition on the use or withdrawal of any of the Property during any EAA imposed Demand Management/Critical Period Management periods or due to the imposition of use or withdrawal lunitations or prioritization rules imposed by tine EAA or any other governing body or regulatory authority over the Permit (the "EAA Reduction"). However, if Lessee is denied its use of all or a portion of the Property by reason of any laws, regulations, govermuental action, or other acts outside of Lessor's control, other than an EAA Reduction, then Lessee and Lessor shall be excused from their obligations for so long as these circumstances exist. 20. Further Assurances: Lessor and Lessee shall take all finther actions and shall execute and deliver to the other any other documents or instruments which Lessor or Lessee determines, now or in the future, deemed reasonably necessary or beneficial to carry out the transaction evidenced by this Lease. Lessee shall have the authority to file with the EAA a copy of this Lease, as well as a memorandum of lease in accordance with the EAA Rules, to reflect its interest in the Property as set out under the terms of this Lease. 21. Entire Agreement: This Lease contains all agreements between the parties hereto and Elie parties shall not recognize any agreement not contained herein. The captions used herein are for convenience only and shall not be used to construe this Lease. Words of gender shall be construed to include any other gender and words in the singular number shall include the plural and vice versa unless the context requires otherwise. (00060331 3)