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', ., , x <br /> any court of competent jurisdiction, the remaining portions of this Agreement shall remain in full <br /> force and effect. <br /> 33. 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 construed as a <br /> general waiver or relinquishment on its part of any such provision, but the same shall, <br /> nevertheless, be and remain in full force and effect. <br /> 34. Causes Beyond Control. Neither party to this Agreement shall be liable to <br /> another for failure, default, or delay in performing any of its obligations hereunder, other than for <br /> the payment of money obligations specified herein, in case such failure, default, or delay in <br /> performing any of its obligations specified herein is caused by strikes or other labor problems; by <br /> forces of nature; unavoidable accident; fire; acts of the public enemy; interference by civil <br /> authorities; passage of laws; orders of the court; adoption of rules; ordinances; acts; failure to <br /> act; decisions, orders, or regulations of any government or military body or agency, office, or <br /> commission; delays in receipt of material; or any other cause, whether of similar nature, not <br /> within the control of the party affected and which, by the exercise of due diligence, such party is <br /> unable to prevent ar overcome. Should any of the faregoing occur, the parties hereto agree to <br /> proceed with diligence to do what is reasonable and necessary so that each party may perform its i <br /> obligations under this Agreement. ', <br /> 35. Non-A enc . It is a reed that ADM is not an a ent of the Cit and shall not I <br /> g g Y <br /> incur any costs or expenses on behalf of the City, and that the City is not an agent of ADM and <br /> shall not incur any costs or expenses on behalf of ADM. <br /> 36. Default. If, before or at the Closing, either party in default with respect to, <br /> breaches or fails to perform one or more of the representations, covenants warranties or other <br /> terms of this Agreement, and such default, breach or failure is not cured or corrected within <br /> fifteen (15) business days after receipt of written notice thereof given by the other party, the <br /> -21- <br />