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• • <br />12.1 Sale of Tract; Assignability. Any contract by Owner-Developer to sell the <br />entirety or any portion of the Tract to a person or entity intending to develop the tract or <br />such portion thereof (a "Successor Developer," whether one or more) and any <br />instrument of conveyance for the entirety or any portion of the Tract to such Successor <br />Developer shall recite and incorporate this recorded Contract and exhibits hereto and <br />provide that this Contract be binding on such Successor Developer. <br />12.2 Force Majeure. If by reason of force majeure any party hereto shall be rendered <br />unable wholly or in part to carry out its obligations under this Agreement, then if such <br />party shall give notice and full particulars of such force majeure in writing to the party <br />within a reasonable time after occurrence of the event or cause relied on, the obligation <br />of the party giving such notice, so far as it is affected by such force majeure, shall be <br />suspended during the continuance of inability then claimed, but for no longer period; <br />and any such party shall endeavor to remove or overcome such inability with all <br />reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of <br />God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of <br />any kind of the Government of the United States, or any civil or military authority, <br />insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, <br />storms, floods, washouts, arrests,. restraining of government and people, civil <br />disturbances, explosions, or partial or entire failure of water supply resulting in an <br />inability to provide water necessary for operation of the water and sewer systems <br />hereunder. Force Majeure may not be claimed by Owner-Developer under any set of <br />circumstances prior to commencement of construction on the Tract. <br />12.3 Law Governing. This Contract shall be governed by the laws of the State of <br />Texas and no lawsuit shall be prosecuted on this Contract except in a federal or state <br />court of competent jurisdiction. <br />12.4 No Additional Waiver Implied. No waiver or waivers of any breach or default <br />by any party hereto of any term, covenant, condition, or liability hereunder, or the <br />performance by any party of any duty or obligation hereunder, shall be deemed or <br />construed to be a waiver of subsequent breaches or defaults of any kind, under any <br />circumstances. <br />12.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice, <br />communication, request, reply, or advice (herein severally and .collectively, for <br />convenience, called "Notice") herein provided or permitted to be given, made or <br />accepted by any party to the other (except bills); must be in writing and may be given or <br />be served by depositing the same in-the United States Postal Service and addressed to <br />the party to be notified. Notice deposited in the mail in the manner hereinabove <br />described shall be conclusively deemed to be effective, unless otherwise stated in this <br />Contract, from and after the expiration of three (3) days after it is deposited. Notice <br />given in any such other method shall be effective when received by the party to be <br />notified. For the purpose of notice, addresses of the parties shall, until changed as <br />hereinafter provided, be as follows: <br />Development Agreement(Draft) Page 7 of 9 <br />