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individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination covenant by Developer, its personal representatives, assigns, subcontractors or successors in interest, Developer agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 10.10 Governmental Powers. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 10.11 Non -Waiver. The failure of the City or Developer to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Developer's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 10.12 Force Maieure. The City and Developer shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 10.13 No Waiver of Governmental IM Muni- ty. Nothing contained in this Agreement shall be construed as a waiver of City's governmental immunity, or of any damage caps or limitations imposed by law, or any other legal protections granted to City by law, except to the extent expressly provided or necessarily implied herein. 10.14 Mandatory Ownershin Disclosure Provision. Developer, in compliance with the laws of the State of Texas, will execute and file Form 1295, notice of interested parties, which can be found on the website of the Texas Ethics Commission at II m „paj_ _ . fIII mu�..�,s,state a sifiki hii ii um ll7 lll.:'�Ill lEf gpg i � Ili . 10.15 Mandato Anti -Bo colt and Other Provisions. Developer acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. i. Pursuant to Section 2271.002 of the Texas Government Code, Developer certifies that either (i) it meets an exemption criterion under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the Agreement. Developer acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. ii. Pursuant to SB 13, 87th Texas Legislature, Developer certifies that either (i) it meets an exemption criterion under SB 13, 87th Texas Legislature; or (ii) it does not boycott energy companies, as defined in