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<br />within a reasonable time after occurrence of the event or cause relied on, the obligation
<br />of the party giving such notice, so far as it is affected by such force majeure, shall be
<br />suspended during the continuance of inability then claimed, but for no longer period;
<br />and any such party shall endeavor to remove or overcome such inability with all
<br />reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of
<br />God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of
<br />any kind of the Government of the United States, or any civil or military authority,
<br />insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes,
<br />storms, floods, washouts, arrests, restraining of government and people, civil
<br />disturbances, explosions, or partial or entire failure of water supply resulting in an
<br />inability to provide water necessary for operation of the water and sewer systems
<br />hereunder. Force Majeure may not be claimed by Developer under any set of
<br />circumstances prior to commencement of construction on the Tract.
<br />
<br />10.3 Law Governing. This Contract shall be governed by the laws of the State of
<br />Texas and no lawsuit shall be prosecuted on this Contract except in a federal or state
<br />court of competent jurisdiction.
<br />
<br />10.4 No Additional Waiver Implied. No waiver or waivers of any breach or default
<br />by any party hereto of any term, covenant, condition, or liability hereunder, or the
<br />performance by any party of any duty or obligation hereunder, shall be deemed or
<br />construed to be a waiver of subsequent breaches or defaults of any kind, under any
<br />circumstances.
<br />
<br />10.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice,
<br />communication, request, reply, or advice (herein severally and collectively, for
<br />convenience, called "Notice") herein provided or permitted to be. given, made or
<br />accepted by any party to the other (except bills), must be in writing and may be given or
<br />be served by depositing the same in the United States Postal Service and addressed to
<br />the party to be notified. Notice deposited in the mail in the manner hereinabove
<br />described shall be conclusively deemed to be effective, unless otherwise stated in this
<br />Contract, from and after the expiration of three (3) days after it is deposited. Notice
<br />given in any such other method shall be effective when received by the party to be
<br />notified. For the purpose of notice, addresses of the parties shall, until changed as
<br />hereinafter provided, be as follows:
<br />
<br />If to the City, to:
<br />Ron Bottoms
<br />City of La Porte
<br />City Manager
<br />604 W. Fairmont Parkway
<br />La Porte, Texas 77571
<br />
<br />If to Developer, to:
<br />Norman Reed
<br />65 La Porte, Ltd.
<br />Project Manager
<br />340 N. Sam Houston Pkwy., #100
<br />Houston, Texas 77060
<br />
<br />The parties shall have the right from time to time and at any time to change their
<br />respective addresses and each shall have the right to specify any other address by at
<br />least fifteen (15) days written notice to the other.
<br />
<br />Developer's Agreement (i"inal) 011708
<br />
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