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required by this AGREEMENT is delayed, disrupted or becomes impossible because of any act of God, war, earthquake, fir, flood, civil commotion's, epidemic, act of government, its agencies or officers, or any other legitimated cause beyond the control of the parties. ("Force Majeure"). Upon the occurrence of any such event, 7-H shall operate FACILITY on a best efforts basis and shall not be responsible fro effluent characteristics or damages, fines, penalties or claims resulting therefrom. 5.4 Sewer Stoppage Flooding. 7-H shall not be deemed to be in default nor shall 7-H be held responsible for any claims whatsoever, by the CITY or any private citizen as a result of damages to any person or property caused by sewage flooding from sewer stoppage if 7-H has performed its duties as per Paragraph 3.11 of this AGREEMENT. 6.0 GENERAL PROVISIONS 6.1 New Equipment. Any operations equipment owned by 7-H during the term of the AGREEMENT shall remain the property of 7-H. In the event 7-H sells such equipment, CITY shall have first option to purchase. 6.2 Independent Contractor. The relationship of 7-H to CITY is that of independent contractor. None of the employees or agents of 7-H shall be considered employees of CITY. 6.3 Enforcement. The failure of either party to enforce its rights as to any provision of AGREEMENT shall not be construed as a waiver of its right to enforce such provision in the future. 6.4 Assiqnment. This AGREEMENT shall not be assigned by either party without the prior written consent of the other party. If such assignment shall be to a affiliate or successor of either party, such assignment shall not be unreasonably withheld. 6.5 Equal Opportunity. 7-H is an equal opportunity employer. 6.6 Entire Agreement. This AGREEMENT contains the entire agreement between CITY and 7-H and superseded all prior or contemporaneous communication, representations, or promises. This AGREEMENT may be modified only by written amendment signed by both parties. 6.7 Access. The City Public Works Director shall have keys to FACILITY, and shall have access to FACILITY without notice to 7-H. Other CITY officials and representatives will have access to FACILITY covered by the AGREEMENT during normal operating hours and at other time, again, for reasons of safety, with twenty-four (24) hours prior notice to 7-H. During emergencies the Public 7-H Technical Services Group Contract for Operation and Maintenance Services Page 11 of 12