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finally determined by any court of competent jurisdiction, the remaining portions of this <br /> Agreement shall remain in full force and effect. <br /> 18. Failure to Enforce. The failure of any party hereto to enforce any of the <br /> provisions of this Agreement, or the waiver thereof in any instance, shall not be <br /> construed as a general waiver or relinquishment on its part of any such provision, but <br /> the same shall, nevertheless, be and remain in full force and effect. <br /> 19. Causes Beyond Control. Neither party to this Agreement shall be liable <br /> to another for failure, default, or delay in performing any of its obligations hereunder, <br /> other than for the payment of money obligations specified herein, in case such failure, <br /> default, or delay in performing any of its obligations specified herein is caused by strikes <br /> or other labor problems; by forces of nature; unavoidable accident; fire; acts of the <br /> public enemy; interference by civil authorities; passage of laws; orders of the court; <br /> adoption of rules; ordinances; acts; failure to act; decisions, orders, or regulations of any <br /> government or military body or agency, office, or commission; delays in receipt of <br /> material; or any other cause, whether of similar nature, not within the control of the party <br /> affected and which, by the exercise of due diligence, such party is unable to prevent or <br /> overcome. Should any of the foregoing occur, the parties hereto agree to proceed with <br /> diligence to do what is reasonable and necessary so that each party may perform its <br /> obligations under this Agreement. The City shall not in any event incur any liability to <br /> ADM for consequential or other damages which may result from delays in initiating <br /> service or interruptions or other malfunctions of service. <br /> 14 <br />