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construction of the Project. <br />Section 6.11. No Liability for City Approvals. Developer agrees that City assumes no <br />liability or responsibility by approving plans, issuing building permits or making inspections in <br />the event there is a defect in the improvements constructed in connection with the Project. <br />Section 6.12. No Waiver of Immunity. Nothing in this Agreement, and no action of <br />the City under this Agreement, will constitute a waiver of any immunity of the City to suit or to <br />liability. <br />Section 6.13. Indemnification. Developer shall indemnify, hold harmless and <br />defend City, its employees, officials, and agents from and against any and all, third party <br />claims, suits, demands and liability or alleged liability, including costs of suit, attorney's <br />fees, damages, judgments, or settlements and related expenses arising in any manner from <br />Developer's negligent or tortious conduct in connection with its activities under this <br />Agreement. <br />Section 6.14. Appropriation of Funds. The payment obligations of the City under this <br />Agreement are subject to and contingent upon the annual appropriation of lawfully available <br />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 6.15. 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 />Page 14 of 15 <br />IF 0109 <br />