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<br />IX, <br /> <br />Legal <br />9.1 It is agreed that in the event and to the extent <br /> <br />that fire, explosion, accident, war, act of God or the <br />public enemy or any natural disaster prevents the per- <br />formance of either party hereto, such party shall be <br />relieved of the consequences thereof"and there shall be no <br />liability for payment on the part of PARTNERSHIP or for <br />failure to deliver potable 'water on the part of the CITY, <br /> <br />notwithstanding any other provision of this Agreement, so <br /> <br />long as and to the extent that performance is prevented by <br /> <br />such cause; provided, however, that the parties shall use <br /> <br />all due diligence in their efforts to resume performance at <br /> <br />the earliest practical time, <br /> <br />9,2 <br /> <br />This:, Agreement <br /> <br />shall <br /> <br />be <br /> <br />in <br /> <br />force <br /> <br />and <br /> <br />effect <br /> <br />through September 30, 2005. <br />9,3 No officer, official or agent of the CITY has the <br /> <br />power to amend, modify or alter this agreement or waive any <br /> <br />of its conditions or to bind the CITY by making any promise <br /> <br />or representation not contained herein. <br /> <br />9.4 No officer, official or agent of the PARTNERSHIP <br /> <br />has the power to amend, modify or alter this agreement or <br /> <br />waive any of its conditions or to bind the PARTNERSHIP by <br /> <br />making any promise or representation not contained herein, <br />9.5 This Agreement, except by operation of law, shall <br /> <br />-9- <br />