03-25-19 Regular Meeting of the La Porte City Council

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A Party may change the address for notices upon at least 10 days written notice under the provision. 7.5 Waiver. The failure of any Party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same. No waiver of a Party of any condition or breach of any term, covenant, representation orwarranty contained herein, in any one or more instances, shall be deemed to be constructed a further or continuing waiver of any such condition or breach or waiver of any other condition or of any breach of any other term, covenant, representation or warranty. 7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with regard to the matters addressed herein. This Agreement may not be amended, modified, superseded or canceled, nor may any of the terms, covenants, representations, warranties or conditions be waived except by written instrument executed by the Parties. 7.7 Force Majeure. Neither Party shall be held liable for any loss or damage due to delay or failure in performance of any part of this Agreement from any cause beyond its control that directly impacts its ability to perform, and without its fault or negligence, which causes may include acts of God, acts of civil or military authority, government regulations (except those promulgated by the party seeking the benefit of this provision), embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, other major environmental disturbances or unusually severe weather conditions. 7.8 Governing Law. This Agreement shall be constructed and enforced in accordance with the laws of the State of Texas. The exclusive forum and venue for any action arising out of, in connection with, or in any way relating to the Agreement is in a state or federal court of competent jurisdiction in Houston, Harris County, Texas. 7.9 Headings. Headings and captions contained herein are inserted for convenience and of reference only, and are not deemed part of or to be used in constructing this Agreement. 7.10 Survival. Each Party shall remain obligatedto the other Party under all clauses of this Agreement that expressly or by their nature extend beyond the expiration or termination of this Agreement. 7.11 Current Funds. Each Party paying for the performance of governmental functions or services under this Agreement must make those payments from current revenues available to the paying Party. 7.12 Compliance with Laws. The Parties shall comply with all applicable laws in carrying out its obligations under this Agreement. 8