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delivery of this Agreement have been duly and effectively taken according to the import
thereof as provided in this Agreement.
SECTION 9: Venue. Any damages for the breach of this Agreement shall be
paid and be due in the County of Comal, Texas, which is the County in which the
principal administrative offices of the City and the Corporation are located. It is
specifically agreed among the parties to this Agreement that the County of Comal,
Texas, is the place of performance of this Agreement; and in the event that any legal
proceeding is brought to enforce this Agreement or any provision hereof, the same shall
be brought in the County of Comal, Texas.
SECTION 10: Legal Fees. In the event it is necessary for either party to
commence legal action of any kind to enforce its rights hereunder, the prevailing party in
such litigation shall be entitled to collect all court costs and reasonable attorney's fees
and expenses incurred in connection therewith.
SECTION 11: Force Majeure. In the event that either party shall be entirely
prevented from completing performance of its obligations hereunder by an act of God or
any other occurrence whatsoever which is beyond the control of such party, then such
party shall be excused from any further performance of its obligations and undertakings
hereunder. In the event that the performance of either party of any obligations or
undertakings hereunder shall be interrupted or delayed by any occurrence and not
occasioned by the conduct of either party hereto, whether such occurrence be an act of
God or the common enemy or the result of war, riot, civil commotion, sovereign conduct,
or the act or conduct of any person or persons not party or privy hereto, then he shall be
excused from such performance for such period of time as is reasonably necessary
after such occurrence to remedy the effects thereof.
SECTION 12: Holiday. If the date for making any payment or the last date for
performance of any act or the exercising of any right, as provided in this Agreement, is
not a business day, such payment may be made or act performed or right exercised on
the next succeeding business day with the same force and effect as if done on the date
provided therefor herein.
SECTION 13: Counterparts. This Agreement may be executed in any number of
counterparts, each of such counterparts shall for all purposes be deemed to be an
original, and all such counterparts shall together constitute one and the same
instrument.
SECTION 14: Entire Agreement. This Agreement contains the entire agreement
between the parties pertaining to the subject matter hereof and fully supersedes all prior
agreements and understandings between the parties pertaining to such subject matter.
SECTION 15: Captions. The section headings appearing in this Agreement are
for convenience of reference only and are not intended, to any extent and for any
purpose, to limit or define the text of any section or any subsection hereof.
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