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in default or be subject to any sanction under any provision of this Franchise in those cases in <br />which performance of such provision is prevented by reasons beyond its control. <br />11.3 The rights and remedies of the City and the District set forth herein shall be in <br />addition to, and not in limitation of, any other rights and remedies provided at law or in equity. <br />The City's or District's exercise of any particular remedy shall not constitute a waiver of their <br />rights to exercise any other remedy. <br />SECTION 12. RESERVATION OF POWERS. Except as otherwise provided in this <br />Franchise, the City by the granting of this Franchise does not surrender or to any extent lose, waive, <br />impair or lessen the lawful powers, claims and rights, now or hereafter vested in the City under <br />the Constitution and statutes of the State of Texas and under the Charter and Ordinances of the <br />City of San Marcos or other applicable law, to regulate public utilities within the City and to <br />regulate the use of the Streets by the District; and the District by its acceptance of this Franchise <br />agrees that, except as otherwise provided in this Franchise, all lawful powers and rights, whether <br />regulatory or otherwise, as are or as may be from time to time vested in or reserved to the City, <br />shall be in full force and effect and subject to the exercise thereof by the City at any time and <br />from time to time. <br />SECTION 13. INDEMNITY. TO THE EXTENT PERMITTED BY LAW, THE <br />DISTRICT, ITS SUCCESSORS AND ASSIGNS, SHALL PROTECT AND HOLD THE <br />CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY <br />REFERRED TO IN THIS SECTION AS "THE CITY") HARMLESS AGAINST ANY AND <br />ALL CLAIMS OR DEMANDS FOR DAMAGES TO ANY PERSON OR PROPERTY BY <br />REASON OF THE CONSTRUCTION AND MAINTENANCE OF THE DISTRICT'S <br />WATER DISTRIBUTION SYSTEM, OR IN ANY WAY GROWING OUT OF THE <br />RIGHTS GRANTED BY THIS FRANCHISE, EITHER DIRECTLY OR INDIRECTLY, <br />OR BY REASON OF ANY ACT, NEGLIGENCE OR NONFEASANCE OF THE <br />DISTRICT OR THE CONTRACTORS, AGENTS OR EMPLOYEES OF THE DISTRICT <br />OR ITS SUCCESSORS AND ASSIGNS, AND SHALL REFUND TO THE CITY ALL <br />SUMS WHICH THE CITY MAY BE ADJUDGED TO PAY ON ANY SUCH CLAIM, OR <br />WHICH MAY ARISE OR GROW OUT OF THE EXERCISE OF THE RIGHTS AND <br />PRIVILEGES HEREBY GRANTED OR BY THE ABUSE THEREOF, AND THE <br />DISTRICT OR ITS SUCCESSORS AND ASSIGNS SHALL INDEMNIFY AND HOLD <br />THE CITY HARMLESS FROM AND ON ACCOUNT OF ALL DAMAGES, COSTS, <br />EXPENSES, ACTIONS, AND CAUSES OF ACTION THAT MAY ACCRUE TO OR BE <br />BROUGHT BY, A PERSON, PERSONS, DISTRICT OR COMPANIES AT ANY TIME <br />HEREAFTER BY REASON OF THE EXERCISE OF THE RIGHTS AND PRIVILEGES <br />HEREBY GRANTED, OR OF THE ABUSE THEREOF. <br />SECTION 14. RELOCATION OF FACILITIES. The District shall, upon written <br />request of the City, relocate its Facilities within Public Rights -of -Way at the District's own <br />expense, exclusive of Facilities installed for service directly to the City, whenever such shall he <br />reasonably necessary on account of the widening, change of grade, or relocation by the City of <br />Streets or Public Rights -of -Way, or construction or relocation by the City of City utility <br />infrastructure or drainage facilities. The City shall bear the costs of all relocations of Facilities <br />