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<br />IX. <br />Legal <br />9.1 It is agreed that in the event and to the extent <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 />notwithstanding any other provision of this Agreement, so <br />long as and to the extent that performance is p~evented by <br />such cause; provided, however, that the parties shall use <br />all due diligence in their efforts to resume performance at <br />the earliest practical time. <br />9.2 This Agreement shall be in force and effect <br />through September 30, 2005. <br />9.3 No officer, official or agent of the CITY has the <br />power to amend, modify or alter this agreement or waive any <br />of its conditions or to bind the CITY by making any promise <br />or representation not contained herein. <br />9.4 No officer, official or agent of the PARTNERSHIP <br />has the power to amend, modify or alter this agreement or <br />waive any of its conditions or to bind the PARTNERSHIP by <br />making any promise or representation not contained herein. <br />9.5 This Agreement, except by operation of law, shall <br /> <br />-9- <br />