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<br />" <br /> <br />first party's reasonable control. Such causes shall include compliance with court orders, civil or <br />military authority, acts of God, acts of the public enemy, acts or omissions of the other party <br />which resulted in the delay, electrical power surges or current fluctuations, lightning strike, fire, <br />flood, strike, lockout, embargo, war, acts of terrorism, fuel shortage, riot, insurrection, default or <br />delay of suppliers, delay in transportation and loss or damage of goods in transit. The delayed or <br />non-performing party's time for performance shall be extended by the period of any delay <br />resulting from any cause beyond the party's control. Notwithstanding the above, both parties <br />shall use commercially reasonable efforts to minimize the adverse consequences of any such <br />condition. <br /> <br />18. LIMIT A TION OF LIABILITY <br /> <br />Neither party shall be liable for damages to the other party, whether in contract or tort, in <br />excess of the annual price of this Agreement. Further, neither party shall be liable for indirect, <br />exemplary, punitive, special or consequential damages of any kind incurred or suffered by the <br />other party arising from any breach of this Agreement. Notwithstanding the foregoing, the <br />provisions of this section shall not be construed as limiting the extent or applicability of a party's <br />intentional misconduct, nor shall this section limit either party's obligation to indemnify the <br />other party for third party claims. <br /> <br />19. MISCELLANEOUS PROVISIONS <br /> <br />a. Each undersigned represents and warrants that its signature hereinbelow has the power, <br />authority and right to bind their respective parties to each of the terms of this Agreement, and shall <br />indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to <br />City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. <br /> <br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set <br />forth in the body of this Agreement. <br /> <br />II <br /> <br />II <br /> <br />II <br /> <br />II <br /> <br />II <br /> <br />II <br /> <br />II <br /> <br />7 <br />