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<br />5.08 Governing Law
<br />This Contract shall in all respects be interpreted, construed and
<br />governed by, and in accordance with the laws of the State of Texas,
<br />including the Charter of the City of Houston and the enabling
<br />legislation of the Authority, and the Charter of the City of La Porte.
<br />5.09 Force Majeure
<br />If either Houston or the Authority is rendered unable, wholly or
<br />in part, by force majeure to carry out any of its obligations under
<br />this Contract, then the obligations of Houston or the Authority to the
<br />extent affected by such force majeure and to the extent that due
<br />diligence is being used to resume performance at the earliest
<br />practicable time, shall be suspended during the continuance of any
<br />inability so caused to the extent provided, but for no longer period.
<br />Such cause, as far as possible, shall be remedied with all reasonable
<br />diligence. The term "force majeure," as used herein, shall include,
<br />without limitation of the generality thereof, acts of God, strikes.,
<br />lockouts, or other industrial disturbances, acts of the public enemy,
<br />orders of any kind of the Government of the United States or of the
<br />State of Texas or any civil or military authority, insurrections,
<br />riots, epidemics, landslides, lightning, earthquakes, fires,
<br />hurricanes, storms, floods, washouts, droughts, arrests, restraints of
<br />government and people, civil disturbances, explosions, breakage or
<br />accidents to machinery, shortage or contaminations of surface water,
<br />and any other inabilities of Houston or the Authority, whether similar
<br />to.: ho9e,enumerated or otherwise,. which are not within tfie control of
<br />~iouston or the Authority and which Houston ar the Antfiority could not
<br />have avoided by the exercise of due diligence and care. It is
<br />understood and agreed that the settlement of strikes and lockouts shall
<br />be entirely within the discretion of Houston or the Authority and that
<br />the above requirement that any force majeure shall be remedied with all
<br />.reasonable dispatch, shall not require the settlement of stri#Ces and
<br />'lodkouts by acceding to the demands of the opposing party or }~,art~,~s-
<br />When sucfi settlement is unfavorable to it, in the.. judgment of Iinvston
<br />or the Authority.
<br />5.10 No Additional Waiver Implied
<br />The failure of either party hereto to insist on any or more
<br />instances upon performance of any of the terms, covenants or conditions
<br />of this Contract, shall not be construed as a waiver or relinquishment.
<br />of the future performance of any such term, covenant or condition by
<br />the other party hereto,~but the obligation of such other party with
<br />respect to such future performance shall continue in full force and
<br />effect.
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