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environmental facilities within the Project. The City may support these efforts to
<br />obtain grant funding including entering into joint use agreements with the District, if
<br />the City Council determines in its sole discretion that the proposed facilities further
<br />the City's goal of making additional park, environmental and recreational facilities
<br />available to the area; provided, however, the City will have no financial obligation
<br />associated with this activity or the operation and maintenance of such facilities.
<br />2.08 Miscellaneous
<br />Force Majeure The term "force majeure" as used herein shall mean and refer to
<br />Acts of God, strikes, lockouts, or other industrial disturbances, acts of public
<br />enemies, orders of any kind of the government of the United States, the State of
<br />Texas or any civil or military authority, insurrections, riots, epidemics, landslides,
<br />lightning, earthquake, fire, hurricanes, storms, floods, washouts, droughts,
<br />arrests, restraint of government and people, devil disturbances, explosions,
<br />breakage or accidents to machinery, pipelines, or canals, or other causes not
<br />reasonably within the control of the party claiming such inability.
<br />If, by reason of force majeure, any party hereto shall be rendered wholly or
<br />partially unable to carry out its obligations under this Agreement, then such party
<br />shall give written notice of the full particulars of such force majeure to the other
<br />party within ten (10) days after the occurrence thereof. The obligations of the
<br />party giving such notice, to the extent effected by the force majeure, shall be
<br />suspended during the continuance of the inability claimed, except as hereinafter
<br />provided, and the party shall endeavor to remove or overcome such inability with
<br />all reasonable dispatch.
<br />Incorporated Agreements The Consent Agreements creating MUDs 1-5,
<br />adopted April 16, 2013 and March 2014 are specifically incorporated into this
<br />Agreement by reference, together with any exhibits attached hereto and to the
<br />Consent Agreements.
<br />Governing Law, Jurisdiction and Venue This Agreement shall be governed by
<br />and construed in accordance with the laws of the State of Texas, as it applies to
<br />contracts performed within the State of Texas and without regard to any choice of
<br />law rules or principles to the contrary. The parties acknowledge that this
<br />Agreement is performable in Hays County, Texas and hereby submit to the
<br />jurisdiction of the courts of that County, and hereby agree that any such Court
<br />shall be a proper forum for the determination of any dispute arising hereunder.
<br />Severability If any provision of this Agreement is illegal, invalid, or
<br />unenforceable, under present or future laws, it is the intention of the Parties that
<br />the remainder of this Agreement not be affected, and, in lieu of each illegal,
<br />invalid, or unenforceable provision, that a provision be added to this Agreement
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