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Section 8.04. Developer's Option to Terminate. If the City fails to budget and <br />appropriate funds for Grant Payments under this Agreement for reasons other than the <br />Developer's non-compliance with this Agreement during any fiscal year of the City during the <br />Term, the Developer, at its option, may terminate this Agreement by providing written notice <br />thereof to the City. If the Developer elects to tenninate the Agreement under this Section, the <br />Developer and the City shall each be released of all further obligations under this Agreement, <br />including any obligation to return any portion of Grant Payments under Section 8.02, except that <br />the City shall pay to the Developer any outstanding and unpaid Grant Payments properly due to <br />the Developer prior to the date of termination for which the City has budgeted and appropriated <br />funds during any previous fiscal year. <br />Section 8.05. Remedies. Upon breach of any obligation under this Agreement, in <br />addition to any other remedies expressly set forth in this Agreement with respect to such breach, <br />the aggrieved party shall have such remedies as are available in law or equity for breach of <br />contract; provided, however, that no party shall be liable to any other party for incidental or <br />consequential damages. Notwithstanding the foregoing, the City, in entering this Agreement <br />does not waive its immunity from suit or any other limitations on its liability, contractual or <br />otherwise, as granted by the Texas Constitution or applicable laws of the State of Texas. <br />Section 8.06. Offset. The City may deduct from any Grant Payments, as an offset, any <br />delinquent and unpaid fees, sums of money or ad valorem, sales or other taxes assessed and <br />owed to or for the benefit of the City. <br />Section 8.07. Force Majeure. Means an event beyond the reasonable control of a party <br />obligated to perform an act or take some action under this Agreement including, but not limited <br />to, acts of God, earthquake, fire, explosion, war, civil insurrection, acts of the public enemy, act