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H. Relationship. It is understood and agreed that no agency, employment, joint venture, co- <br />employer or partnership is created by this Agreement. No party hereto shall (i) have the <br />power or authority to act for another in any manner to create obligations or debts which <br />would be binding upon another, and; (ii) be responsible for any obligation or expense <br />whatsoever of another. <br />I. Force Majeure Parties shall not be deemed to be in breach of this Agreement if unable <br />to perform their respective obligations hereunder as a result of the occurrence of an event <br />of "force majeure," which shall include, but not be limited to, acts of God, acts of the <br />government of the United States or of any state or political subdivision thereof, strikes, <br />civil riots or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes, <br />lightning or other similar catastrophes or other causes beyond the parties' reasonable <br />control. The scope of events of force majeure shall not extend to payment of money <br />owed hereunder. <br />J. Entire Agreement. The written provisions and terms of this Agreement, together with <br />any attached Exhibits, supersede all prior verbal statements by any representative of the <br />City, and those statements shall not be construed as foiniing a part of or altering in any <br />manner this agreement. This Agreement and any attached Exhibits contain the entire <br />Agreement between the parties. Should any language in any Exhibit to this Agreement <br />conflict with any language contained in this Agreement, the terms of this Agreement shall <br />prevail. <br />S \TIB Phase 2 &3 95- RWO3 005 Design Review \Utility Coordination \3rd Party Coordination Agreements \TIB Ph2 &3 WD 125 <br />Coordination Agreement 06- 19- 08.doc (Printed 6/19/08) Page 8 of 9 <br />