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Section 4.OZ. Force Majeure. If San Marcas should be prevented, wholly or in part, from transporting and delivering water to Kyle under this Agreement by reason of an act of God, unavoidable accident, acts of the public enemy, strikes, floods, fires, governmental restraint, breaks in San Marcos' pipelines or storage facilities, damage to the San Marcos Treatment Plant or other treatment facilities or water distribution facilities, shortages in water supply to San 1Vlarcos, or reduction, interruption or loss of sources of water available to San Marcos relied upon to supply water under this Agreement, or for any other cause beyond San Marcos' reasonable control, then the obligation of San Marcas to deliver water to Kyle shall be discontinued during the continuance of such force majeure. No damages shall be recoverable from San Marcos by reason of the suspension of the transportation and delivery of Treated Water due to any of the causes above mentioned. San Marcos sha' ? notify Kyle promptly if such delivery of water is suspended and sha11 use due diligence 4a More service at the earliest practicable date. Under no circumstances shall San Marcos be rt 'red, for the purpose of meeting the supply obligations under this Agreement, to secure pater , ? sources other than currently available and contracted for by San Marcos. Section 4.03. Independent Contractors. Nothir `his . ??? .it will be construed as creating any form of partnership or joint venture relat'?nsh?? between one parties. The parties are independent contractors with respect to e' '? other. Section 4.04. Assignment. This Agreem? will ir??. one benefit of, and be binding upon, the successors and permitted assigns of the pat ? Except as provided elsewhere herein, neither party may assign any of ' ? rights `'es un?. ':pis Agreement without the written consent of the other party. Section 4.05. No Transfer of Rigs. end T? Ord Parties. In entering into this Agreement, it is understood and ?? ? by Ky. ?'? .San Marcos does not grant to Kyle and Kyle does not claim any r' ?ht, titl or l? ? °st ?n any contracts, water rights or reservations, or government approv? .? or certit ?te? rela. to water, water rights, water reservations or other water interests pr cured or owned ?y S? 1 Marcos. This Agreement shall be for the sole and exclusive beneJ?.? ? ??n Marcos an, ?e and shall not be construed to confer any benefit or right upon ar third p? Section 4.0?. Amen ??.lts. This Agreement may be amended only through a written amendment executed by the pa pies. Section 4.07. Governing Law and Venue. This Agreement is governed by the laws of the State of Texas. Venue for any dispute shall be in the appropriate state courts of Hays County, Texas. Section 4.08. Severability. If any material portion of this Agreement is found by a court to be invalid or unenforceable for any reason, either Party shall have the option of terminating this Agreement on a going forward basis. Section 4.09. Remedies; No Waivers. It is not intended hereby to specify, and this Agreement shall not be considered as specifying, an exclusive remedy for any default, but all 5