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<br />~ <br /> <br />, <br />, <br />I " <br /> <br />shall endeavor to remove or overcome such inability with all reasonable dispatch. <br /> <br />The term Force Majeure as employed herctin, shall mean acts of God, strikes, lockouts, or I lther <br />indus1ria.I disturbances. act of public enemy. orders of any kind of government of the Unite 1 StEd ~ or 1 be <br />State of Texas or a civil or militaIy authorityt insurrections. riots. epidemics, Jandslides, liB JtnUI.! . <br />earthquala:t, fires, hmricanes, storms. floods, washouts, droughts. am:sts, restraint of gOYel nmCD. and <br />people, civil disturbances, explosions. breakage or accidents to machinery, pipelines, or ca l.Ellst ( (' othe r <br />causes not reasonably within the control of the party claim1ng such inability. It is understo ,cI a1lil: agtel:d <br />that the settlement of strikes and lockouts shall be entirely within the discretion of the part) bav:~ g the <br />difficulty, and that the above requirement that any Force Majeure shall be remedied with a I reas mabh: <br />dispatch shall not require the settlement o~strikes and lockouts by acceding to the demand: oftt,; <br />opposing party or parties when such settJeInent is un13.vorable in the judgement of the part: , ba.vi IS the <br />difficulty. ' <br /> <br />18. ASSIGNMENT -DELEGATION No right or interest in this contract shall be assigned Of d:c Jegati on <br />of any obligation made by Seller withou~ the written permission of the Buyer. Any at1 empt if or <br />delegation by Seller shall be wholly voiq and totally ineffective for all purposes unless lI1ade in <br />conformity with this paragraph. <br /> <br />19 . WAIVER No claim or right arising out f)f a breach of this contract can be discharged Tn wib J Ie OJ in <br />part by a waiver or renunciation of the claim. or right unless the waiver or renunciatioJ is Sill .>port,:d <br />by consideration and is in writing signed by the aggrieved party. <br />I <br />I <br />20. MODIFICATIONS This contract can be modified Or rescinded only by a writing sign.:d by both I)f <br />the p~ies or their duly authorized agents. <br /> <br />21. <br /> <br />22. <br /> <br />,,,. <br /> <br />23. <br /> <br />24. <br /> <br />ZO!ll <br /> <br />lNTERPRETATION-P AROL EVIDENCE This writing is intended by the parties as l fin.ll <br />. , <br />expression oftherr agreement and is int~ed also as a complete and exclusive statem :nt 01 the <br />terms of their agreement. No course ofprior dealings between the parties and no usa;;e of he <br />trade shall be rele~ to supplement or explain any term used in this agreement. Ace ;ptau :e of <br />acquiescence in a course of performance rendered under this agreement shall not be rc levar c to <br />determine the meaning of this agreement even though the accepting or acquiescing pa 1y he j <br />lcQow1edge of the perfonnance and opportunity fur objection. Whenever a tc:rm dew ;dJJ:' the <br />Uniform Commercial Code is used in thts agreement., the definition contained in the C lde ~ to <br />control I <br /> <br />~ <br /> <br />APPLICABLE LAW This agreement shall be governed by the Uniform Commercial (;ode. <br />Wherever the term "Uniform Commercial Code" is used, it shall be construed as meal .ing f le <br />Uniform Commercial Code as adopted in the State of Texas as effective and in force (In the date =>f <br />this agreement. ' <br /> <br />ADVERTISING Seller shall not advertise or pub~ without Buyer's prior consent, . .be :61 ~ tba: <br />Buyer has entered into this contract, ex~ept to the extent necessary to comply with pr Jper: eque:;ts <br />for information from an authorized representative of the federal, state, Or local goverr ment <br /> <br />I <br />RIGHT TO ASSURANCE Whenever dne party to this contract in good fiI.ith has rea: on t;J <br /> <br />7 <br /> <br />I <br />. a' d iUt.) 311~V31 <br /> <br />LtZLZ~ttSZ XVi[ tt:LO ZO/tt/SO <br />