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• ~ <br />-6- <br />IX. <br />The unit of measurement for sewerage hereunder shall be <br />gallons, U. S. Standard Liquid Measure. <br />X. <br />Title to all sewerage put into the system under this <br />Agreement shall pass to City at the point of entry. <br />XI. <br />Each party hereto shall be solely responsible for the <br />construction, upkeep, maintenance, repair, and operation of its <br />facility, on its side of the point of entry. <br />XII. <br />Force Majeure - (a) If for any reason of "force majeure" <br />• either party hereto shall be rendered unable wholly or in part <br />to carry out its obligations under this agreement, other than <br />the obligation of Spenwick to make the payments required under <br />the terms hereof, then if such party shall give notice and full <br />particulars of such reasons in writing to the other party within <br />a reasonable time after the occurrence of the event, or cause <br />relied on, the obligation of the party giving such notice, so <br />far as it is affected by such "force majeure", shall be suspended <br />during the continuance of the inability then claimed, but for <br />no longer period; and any such party shall endeavor to remove or <br />overcome such inability with all reasonable dispatch. The term <br />"force majeure" as employed herein shall mean acts of God, strikes, <br />• lock-outs or other industrial disturbances, acts of public enemy, <br /> orders or actions of any kind of the Government of the United <br />States or of the State of Texas or any civil or military authority, <br />insurrections, riots, epidemics, landslides, lightning, earth- <br />quakes, fires, hurricanes, storms, floods, washouts, droughts, <br />arrests, restraints of government and people, civil disturbances, <br />explosions, breakage or accident to dams, machinery, pipelines, <br />or canals or other structures, on account of any other cause not <br />• <br />