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WARRANTY MADE BY DJC HEREIN, AND (iii) ANY NEGLIGENT ACT OR OMISSION, <br /> GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF DJC PARTIES IN CONNECTION <br /> WITH THIS MOU, THE CONSTRUCTION, DEVELOPMENT, OPERATION AND USE OF <br /> THE PREMISES AND USE OF AIRPORT IMPROVEMENTS. DJC IS NOT EXCUSED OR <br /> RELIEVED OF ITS OBLIGATIONS UNDER THIS SECTION IF A CLAIM ARISES OUT OF, <br /> OR IS CAUSED BY, THE NEGLIGENCE OR WILLFUL MISCONDUCT OF DJC PARTIES <br /> CONCURRENT WITH THAT OF THE INDEMNIFIED PARTIES. DJC SHALL ASSUME ON <br /> BEHALF OF THE INDEMNIFIED PARTIES AND CONDUCT WITH DUE DILIGENCE AND <br /> IN GOOD FAITH THE DEFENSE OF ALL CLAIMS AGAINST ANY OF THE INDEMNIFIED <br /> PARTIES.DJC MAY CONTEST THE VALIDITY OF ANY CLAIMS,IN THE NAME OF THE <br /> INDEMNIFIED PARTIES OR DJC, AS DJC MAY IN GOOD FAITH DEEM APPROPRIATE, <br /> PROVIDED THE EXPENSES THEREOF SHALL BE PAID BY DJC. IN NO EVENT MAY <br /> DJC ADMIT LIABILITY ON THE PART OF THE CITY OR AIRPORT MANAGEMENT <br /> WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF THE CITY ATTORNEY. <br /> 18. Force Maieure.In no event shall either party be responsible or liable for any failure or delay in the <br /> performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces <br /> beyond its control, including,without limitation, strikes,work stoppages, accidents, acts of war or <br /> terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, <br /> governmental lockdown and interruptions, loss or malfunctions of utilities, communications or <br /> computer (software and hardware) services; it being understood that the party claiming Force <br /> Majeure shall use reasonable efforts which are consistent with accepted practices in the related <br /> industry to resume performance as soon as practicable under the circumstances. <br /> 19. Notices. Notices required of either party pursuant to the provisions of this MOUS shall be <br /> conclusively determined to have been delivered to the other party when (i) hand-delivered to the <br /> other party, or(ii)mailed in the United States Mail, postage prepaid, certified, with return receipt <br /> requested,to the address specified below: <br /> If to Lessor: <br /> City of San Marcos <br /> 630 East Hopkins <br /> San Marcos,Texas 78666 <br /> and <br /> 4400 Highway 21 <br /> San Marcos,Texas 78666 <br /> If to DJC: <br /> Don Jackson Construction <br /> ATTN: Tony Jackson <br /> 210 S.Main St. <br /> Riesel,Texas 76682 <br /> (signature page to follow) <br />