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<br />TxDOT Contract No. PT 2005-001-01 <br /> <br />c. The quarterly payment shall be made within one month after the first anniversary of the <br />date on which the highway improvement is substantially complete and opened to the <br />public. Subsequent quarterly payments shall be made on or before each succeeding <br />anniversary of the first quarterly payment. <br /> <br />12. Force Majeure <br />If there is substantial damage to the Project from Acts of God, comprising earthquakes, <br />tidal waves, tornados, hurricanes, and other cataclysmic phenomena of nature, the parties <br />may renegotiate the terms of this agreement to yield a fair allocation of costs. <br /> <br />13. Mutual Cooperation <br />The Department and the Developer shall use all reasonable efforts to meet all deadlines <br />specified in this agreement. The Department and the Developer shall use their best efforts <br />to provide each other with all necessary documents, information, and approvals in a prompt <br />and timely fashion. <br /> <br />14. Precedence of Provisions <br />Except where a particular provision contains specific instructions with regard to the order of <br />precedence of terms in this agreement, any conflict among the terms of this agreement <br />shall be resolved by giving precedence to terms in the following order: <br />1. The main body of the agreement; <br />2. Attachment C; <br />3. Attachment D; <br />4. Attachment B; <br />5. Attachment E; and <br />6. Attachment A. <br /> <br />15. Termination <br />a. This agreement terminates automatically when the Department has reimbursed the <br />Developer fully in accordance with article 11. In addition, <br />1. The agreement may be terminated in writing with the mutual consent of the parties; <br />or <br />2. The agreement may be terminated by either party because of a material breach by <br />the other party. <br /> <br />16. Remedies <br />This agreement shall not be considered as specifying the exclusive remedy for any default, <br />but either party may avail itself of any remedy existing at law or in equity, and all remedies <br />shall be cumulative. <br /> <br />17. Notices <br />All notices to either party shall be delivered personally or sent by certified or U.S. mail, <br />osta e re aid, addressed to that art at the followin address: <br />Developer: Department: <br /> <br />City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, TX 78666 <br /> <br />Texas Department of Transportation <br />Attn: Chief Financial Officer <br />125 East 11 th Street <br />Austin TX 78701-2483 <br /> <br />Page 6 of 10 <br />