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will attempt to reform the invalid provision to best reflect the original intent of the <br /> parties. <br /> 11.0.9 All services provided pursuant to this Agreement are for the exclusive use and <br /> benefit of the City. <br /> 11.0.10 In performing all services under this Agreement, the Operator, its subcontractors, <br /> successors and assigns will comply with all local, state and federal laws. <br /> 11.0.11 The City's execution of and performance under this Agreement will not act as a <br /> waiver by the City of any immunity from suit or liability to which it is entitled <br /> under applicable law. The parties acknowledge that the City, in executing and <br /> performing this Agreement, is a governmental entity acting in a governmental <br /> capacity. <br /> 11.0.12 The City of San Marcos is governed by the Texas Public Information Act (the <br /> "Act"), Chapter 552 of the Texas Government Code. This Agreement and all <br /> written information generated under this agreement may be subject to release under <br /> the Act. The Operator will not make any reports, information, data, etc. generated <br /> under this Agreement available to any individual or organization without the <br /> written approval of the City. <br /> 11.0.13 The captions or headings included in this Agreement are for convenience only and <br /> in no way define, limit or describe the scope or intent of any provisions, articles, or <br /> sections of this Agreement. <br /> 11.0.14 In the event that the performance by either the City or the Operator of any of its <br /> obligations under this Agreement is interrupted or delayed by events outside of their <br /> control such as acts of God, war, riot or civil commotion,then the party is excused <br /> from such performance for the period of time reasonably necessary to remedy the <br /> effects of such events. <br /> 11.0.15 In the event of a default or breach of this Agreement by the Operator, the City <br /> reserves the right to choose among the remedies for the default or breach available <br /> to the City. These remedies may be used in conjunction with one another or <br /> separately, and together with any other statutory or common law remedies available <br /> to the City. Any failure by the City to enforce this Agreement with respect to one <br /> or more defaults by the Operator will not waive the City's ability to enforce the <br /> Agreement after that time. <br /> 11.0.16 All services provided pursuant to this Agreement are for the exclusive use and <br /> benefit of the City and the Agreement will not give rise to any rights in third parties. <br /> 11.0.17 If applicable, the Operator will pay all license fees, royalties and other costs <br /> incident to the use of any invention, design,process, product or device subject to a <br /> Page 31 of 34 <br />