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0 a .a 1V0V 7.1973 such event, the parties mutually agree to share the cost of such , r improvements based upon Paragraph 8B of Page 5 of the AGREEMENT. 12. SEVERABILITY It is understood and agreed by and between the parties hereto that if any condition or provision contained in the AGREEMENT is held to be invalid -by any court of competent jurisdiction, such invalidity shall not affect the validity of any other such condition or provision herein contained; provided, however, that the invalidity of any such condition or provision does not materially prejudice either the City or the County in its respective rights and obli- gations contained in the remaining valid conditions or provisions of this AGREEMENT. 13., FORCE MAJEURE CLAUSE No party to this Agreement shall be liable to the other for failure,. default, or delay in performing any of its obligations hereunder, other than for the payment of any obligations specified herein, in case such failure, default or delay is caused by strikes or other labor problems, by forces of nature, unavoidable accidents, fire, acts of the public enemy, interference by civil authorities, passage of laws, or of the Court, adoption of rules, ordinances, acts, failures to act, decisions or orders or regulations of any governmental or military body or agency, office or commission, delays in receipt of materials, or any other cause, whether of similar or dissimilar nature, a not within the control of the party affected and which, by the exercise of due diligence, such party is unable to prevent or over- come. Should any of the foregoing occur, the parties hereto agree to proceed with diligence to do what is reasonable and necessary so that each party may perform its obligations under this Agreement. IDEMNIFICATION The parties reciprocally agree to indemnify each other and their employees and agents from all loss, expenses, damages, costs and attorney's -fees that either may suffer during the period of the -7- TOOK