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funds and authorization being made by the City Council of the City of San Marcos for the <br />performance of this Agreement, as the payment obligations of the City under this Agreement <br />extend beyond the current fiscal year. <br />Section 5.16. Force Majeure. Any prevention or delay in performance of an obligation <br />under this Agreement by either party due to strikes, lock outs, labor disputes, Acts of God, <br />unusually severe weather, the elements, inability to obtain labor or materials or reasonable <br />substitute therefor, governmental restrictions, governmental regulations, governmental controls, <br />judicial decisions, orders or decrees, enemy or hostile government action, civil commotion, fire <br />or other casualty and other causes beyond the reasonable control of the party obligated to <br />perform, shall excuse the performance by such party for a period equal to any such prevention or <br />delay or stoppage. Both parties shall use reasonable efforts to overcome whatever may be <br />impeding their performance of any obligation hereunder. <br />Section 5.17. Counterparts. This Agreement has been executed by the parties in <br />multiple originals or counterparts each having full force and effect. <br />EXECUTED in duplicate originals to be effective the date of the last signature below (the <br />"Effective Date "). <br />CITY OF SAN MARCOS: <br />By: .vC Date: IL 0 <br />ick Me chaca, City Manager <br />CENTRAL TEXAS MEDICAL CENTER: <br />By: Date: <br />Gary L. epson, esident and CEO <br />Page 10 of 12 <br />