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character, including attorney’s fees, brought for or incurred on account of any injuries or damages, whether real or asserted, sustained by any person or property by or in consequence of any intentional or negligent act, omission, or conduct of recipient, its agents, servants, or employees. ARTICLE VI: This Agreement may be amended by mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. ARTICLE VII: Recipient may not assign this Agreement without the written consent of the City. ARTICLE VIII: The obligations of the Parties to this Agreement are performable in Harris County, Texas and if legal action is necessary to enforce same, venue shall lie in Harris County, Texas. ARTICLE IX: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. ARTICLE X: This Agreement may be executed in duplicate, each of which shall be deemed an original and constitute one and the same instrument. ARTICLE XI: Neither the City nor Recipient shall be required to perform any term, condition, or covenant in this Agreement so long as such performance is delayed or prevented by force majeure, which shall mean Acts of God, civil riots, floods, and any other cause not reasonably within the control of the City or recipient except as provided herein, and which by the exercise of due diligence the City or recipient is unable, wholly or in part, to prevent or overcome. ARTICLE XII: In submitting this application, the Recipient whose signature appears below affirms its intent and commitment to comply in full with Section 2264.052 of the Government Code and certifies that it does not and will not knowingly employ an undocumented worker during any time period associated with the public subsidy for which the application is being submitted. The Recipient further certifies its understanding and agreement that if it is convicted of a violation of 8 U.S.C., Section 1324 a(f), providing for civil and/or criminal penalties for engaging in a pattern or practice of knowingly hiring or continuing to employ unauthorized aliens, it shall repay the amount outlined in Article II with interest, at the rate and according to the terms of the agreement signed under Section 2264.053 of the Government Code, not th later than the 120 day after the date the City notifies the recipient of the violation.