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e e of God, acts of the public enemy, orders of any kind of the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, or any other inability of either party, whether similar to those enumerated or otherwise, which is not within the control of the party claiming such inability, which such party could riot have avoided by exercise of due diligence and care. Section 5.04. This Agreement is subject to all applicable rules, regulations, and laws of the United States, State of Texas, or any governmental pr regulatory agency having jurisdiction, Authority agrees that it will exercise all reasonable diligence to insure the operation and maintenance of the Plant is in full and complete compliance with all laws, rules, regulations and orders of federal, state, or local government or any agency or subdivision thereof having jurisdiction. and authority over the manner and method in which the Plant is operated and maintained, Section 5.05. City shall have access during Authority's regular business hours to inspect the records of Authority as to the rates established hereunder, the testing and metering of City's wastewaters, compliance with physical and chemical parameters, and other matters related to the rights and obligations of the parties under the terms of this Agreement. Section 5.06. No waiver or waivers of any breach or default by any party hereto of any term, covenant, condition or liability hereunder, or the performance by any party of any duty or obligations hereunder, shall be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, under any circumstances. GCA\LaPORT. wr A.FINAUl2/07198 8