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and do such further acts and things as the other party may reasonably request in order to effectuate
<br />the terms of this Agreement.
<br />Section 11.08 Incorporation of Exhibits and Other Documents by Reference. All Exhibits and
<br />other documents attached to or referred to in this Agreement are incorporated herein by reference for
<br />the purposes set forth in this Agreement. Exhibit A to the Original Agreement is hereby deleted and
<br />replaced with Exhibit A attached hereto.
<br />Section 11.9 Effect of State and Federal Laws. Notwithstanding any other provision of this
<br />Agreement, the District shall comply with all applicable statutes or regulations of the United States
<br />and the State of Texas, as well as any City ordinances to the extent not in conflict with this
<br />Agreement, and 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
<br />hereunder shall be the rights, duties and obligations of Developer. Upon the creation of and
<br />confirmation of the District, the District shall automatically assume all rights, duties and obligations
<br />of Developer under this Agreement and Developer shall have no further liability under this
<br />Agreement, without any further action by the District, Developer, or the City being necessary.
<br />
<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
<br />continuance of any inability so caused to the extent provided but for no longer period. As soon as
<br />reasonably possible after the occurrence of the force majeure relied upon, the party whose contractual
<br />obligations are affected thereby shall give notice and full particulars of such force majeure to the
<br />other party. Such cause, as far as possible, shall be remedied with all reasonable diligence. The term
<br /> God,
<br />strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind of the
<br />government of the United States or the State of Texas or any civil or military authority, insurrections,
<br />riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts,
<br />drought, arrests, restraint of government, civil disturbances, explosions, breakage or accidents to
<br />machinery, pipelines or canals, partial or entire failure of water supply resulting in an inability to
<br />provide water necessary for operation of the water and wastewater systems hereunder, and any other
<br />inabilities of any party, whether similar to those enumerated or otherwise, which are not within the
<br />control of the party claiming such inability, which such party could not have avoided by the exercise
<br />of due diligence and care.
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