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25. Force Majeure. Cancellation of the Event by the City, due to fire, flood, <br />storms, riots, strikes, weather, hurricanes, unavailability of utility services, war, <br />conflict, epidemics, terrorism, hazardous materials spill or any similar farce <br />shall be considered "Force Majeure" and neither SDBA nor City, shall have any <br />further obligation under this Agreement, and neither Party shall be liable to the <br />other for consequential damages including but not limited to expenses, travel <br />costs, supplies, lost profits or loss of goodwill. <br />26. Applicable Law. This Agreement shall be governed by the laws of the State of <br />Texas. Any action brought to enforce or interpret this Agreement shall be <br />brought in any court having jurisdiction over the subject matter thereof located <br />in Lamar County, Texas and the Parties hereto hereby consent to the personal <br />jurisdiction of such court. <br />27. Attorney's Fees. Should either SDBA or City employ an attorney or attorneys <br />to institute a legal proceeding against the other Party for the purpose of <br />enforcing any of the provisions hereof or protecting its interest in any manner <br />arising under this Agreement, the non -prevailing Party in any action pursued in <br />a court of competent jurisdiction [the finality of which is not legally contested] <br />shall pay to the prevailing Party all reasonable costs, damages and expenses, <br />including reasonable attorneys' fees, expended or incurred by the prevailing <br />Party in connection with such proceeding. <br />REMAINDER OF PAGE INTENTIONALLY LEFT BLANK <br />