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the State of Texas, as well as any City ordinances to the extent not in conflict with this Agreement, and
<br />any rules implementing such statutes or regulations.
<br />Section 11.10 Authority for Execution. The City hereby certifies, represents, and warrants that
<br />the execution of this Agreement is duly authorized and adopted in conformity with City ordinances.
<br />The District hereby certifies, represents, and warrants that the execution of this Agreement is duly
<br />authorized and adopted by the District's board of directors.
<br />Section 11.11 Creation of the District. The rights, duties and obligations of the District hereunder
<br />shall be the rights, duties and obligations of Developer. Upon the creation of and confirmation of the
<br />District, the District shall automatically assume all rights, duties and obligations of Developer under
<br />this Agreement and Developer shall have no further liability under this Agreement, without any
<br />further action by the District, Developer, or the City being necessary.
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<br />Section 11.12 Force Majeure. In the event any party is rendered unable, wholly or in part, by
<br />force majeure to carry out any of its obligations under this Agreement, except the obligation to pay
<br />amounts owed or required to be paid pursuant to the terms of this Agreement, then the obligations of
<br />such party, to the extent affected by such force majeure and to the extent that due diligence is being
<br />used to resume performance at the earliest practicable time, shall be suspended during the continuance
<br />of any inability so caused to the extent provided but for no longer period. As soon as reasonably
<br />possible after the occurrence of the force majeure relied upon, the party whose contractual obligations
<br />are affected thereby shall give notice and full particulars of such force majeure to the other party. Such
<br />used herein, shall include without limitation of the generality thereof, acts of God, strikes, lockouts, or
<br />other industrial disturbances, acts of the public enemy, orders of any kind of the government of the
<br />United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
<br />landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, drought, arrests,
<br />restraint of government, civil disturbances, explosions, breakage or accidents to machinery, pipelines
<br />or canals, partial or entire failure of water supply resulting in an inability to provide water necessary
<br />for operation of the water and wastewater systems hereunder, and any other inabilities of any party,
<br />whether similar to those enumerated or otherwise, which are not within the control of the party
<br />claiming such inability, which such party could not have avoided by the exercise of due diligence and
<br />care.
<br />Section 11.13 Parties in Interest. This Agreement shall be for the sole and exclusive benefit of
<br />the parties hereto and shall not be construed to confer any rights upon any third parties.
<br />Section 11.14 Merger. This Agreement embodies the entire understanding between the parties
<br />and there are no representations, warranties, or agreements between the parties covering the subject
<br />matter of this Agreement other than the Consent Ordinance between the City and the District. If any
<br />provisions of the Consent Ordinance appear to be inconsistent or in conflict with the provisions of this
<br />Agreement, then the provisions contained in this Agreement shall be interpreted in a way which is
<br />consistent with the Consent Ordinance.
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