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2.07 Miscellaneous
<br />Force Majeure The term force majeure as used herein shall mean and refer to Acts
<br />of God, strikes, lockouts, or other industrial disturbances, acts of public enemies,
<br />orders of any kind of the government of the United States, the State of Texas or any
<br />civil or military authority, insurrections, riots, epidemics, landslides, lightning,
<br />earthquake, fire, hurricanes, storms, floods, washouts, droughts, arrests, restraint of
<br />government and people, devil disturbances, explosions, breakage or accidents to
<br />machinery, pipelines, or canals, or other causes not reasonably within the control of
<br />the party claiming such inability.
<br />If, by reason of force majeure, any party hereto shall be rendered wholly or partially
<br />unable to carry out its obligations under this Agreement, then such party shall give
<br />written notice of the full particulars of such force majeure to the other party within ten
<br />(10) days after the occurrence thereof. The obligations of the party giving such notice,
<br />to the extent effected by the force majeure, shall be suspended during the
<br />continuance of the inability claimed, except as hereinafter provided, and the party
<br />shall endeavor to remove or overcome such inability with all reasonable dispatch.
<br />Governing Law, Jurisdiction and Venue This Agreement shall be governed by and
<br />construed in accordance with the laws of the State of Texas, as it applies to contracts
<br />performed within the State of Texas and without regard to any choice of law rules or
<br />principles to the contrary. The parties acknowledge that this Agreement is
<br />performable in Hays County, Texas and hereby submit to the jurisdiction of the courts
<br />of that County, and hereby agree that any such Court shall be a proper forum for the
<br />determination of any dispute arising hereunder.
<br />Severability If any provision of this Agreement is illegal, invalid, or unenforceable,
<br />under present or future laws, it is the intention of the Parties that the remainder of this
<br />Agreement not be affected, and, in lieu of each illegal, invalid, or unenforceable
<br />provision, that a provision be added to this Agreement which is legal, valid, and
<br />enforceable and is as similar in terms to the illegal, invalid or enforceable provision
<br />as is possible. The Parties agree to reasonably cooperate to effectuate the intent of
<br />this Agreement.
<br />Parties If any of the ownership entities fail or refuse to sign this Agreement or choose
<br />to opt out of this Agreement, those entities and their property shall be excluded. The
<br />Conceptual Land Plan will be amended to reflect the change and will automatically
<br />become part of this Agreement. Further, the county deed records will be amended
<br />by the Owner to reflect the change and evidence of the recordation will be provided
<br />to the City.
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