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<br />VI. <br /> <br />City may not assign this lease nor sublease any <br /> <br />portion of the Site without the prior written consent of <br /> <br />Yarrington. <br /> <br />VII. <br /> <br />I <br /> <br />City shall pay all utility charges for electricity, <br /> <br />heat, gas and power used in connection with the operation of <br /> <br />the Site as a solid waste disposal site for the City of San <br /> <br /> <br />Marcos. <br /> <br />VIII. <br /> <br />City will indemnify and hold Yarrington harmless <br /> <br />from any claims arising out of the operation of said Site as <br /> <br />a solid waste disposal site for City. <br /> <br />IX. <br /> <br />I <br /> <br />This lease shall constitute the entire under- <br /> <br />standing of the parties hereto with respect to the subject <br /> <br />matter hereof, and no amendment, modification, or alteration <br /> <br />of the terms hereof shall be binding unless the same be in <br /> <br />writing, dated subsequent to the date hereof, and duly <br /> <br />executed by the parties hereto. <br /> <br />X. <br /> <br />Neither Yarrington for City shall be required to <br /> <br />perform any term, condition or covenant of this lease so <br /> <br />long as performance is delayed or prevented by drought, <br /> <br />floods, material or labor restrictions by any governmental <br /> <br />authority, or any other cause not reasonably within the <br /> <br />control of either party, and which, by the exercise of due <br /> <br />diligence, Yarrington or City is unable, wholly or in part, <br /> <br />to prevent or overcome. <br /> <br />XI. <br /> <br />I <br /> <br />This lease is binding on the successors, assigns, <br /> <br />heirs, executors, administrators of Yarrington and City. <br />