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S-H CITY OF SAN MARCOS, TEXAS Supplemental Electric Service Agreement Page 9 6.3 Neither this Agreement nor any interest therein shall be transferable or assignable by either Party without the written consent of the other Party and, except as herein limited, this Agreement shall be binding upon and insure to the benefit of the successors and assigns of the Parties respectively. 6.4 The City will make reasonable provisions to insure satisfactory and continuous service to Customer under this Agreement and Schedule COG, but does not guarantee a continuous supply of electrical power and energy and shall not be liable for damages occasioned by interruptions of service or failure to commence delivery caused by an Interruption of Service as defined in Schedule COG. In the event of an Interruption of Service under this Agreement, the City shall promptly notify the Customer of the nature of the occurrence and its expected duration so that the Customer may minimize the effect of the Interruption of Service. 6.5 The Customer agrees to assume all responsibility for the electric power and energy provided hereunder after delivery by City and agrees to protect and save City harmless from all liability growing out of any injury or damages to persons or property occurring on Customer's side of the Delivery Point, except liability resulting from or growing out of City's misconduct or negligence. 6.6 Customer agrees to pay City each month for the Supplemental Electric Service provided pursuant to this Agreement and Schedule COG. All monetary obligations of Customer hereunder are expressly subject to the availability of appropriations and Customer agrees not to take service from the City hereunder unless such appropriations are available. 6.7 This Agreement and the attached Schedule COG, or any future changes or modifications to Schedule COG, constitute ,the full and entire agreement between the Parties and supersedes any and all prIor understanding or written or oral representations of the Parties with respect to the subject matter hereof. 6.8 In case anyone or more provisions of this Agreement shall be deemed invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not effect any other provision of this Agreement and, in such event, this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6.9 This Agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations of the Parties created hereunder are performable in Hays County, Texas.