Res 2013-164/Approving a Chapter 380 Economic Development Incentive agreement w/Triangle Pump

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60-day period and thereafter continuously and diligently pursued to completion (in either event, a "Cure"), then the City may, at its option, terminate this Agreement or withhold Grant Payments until such Cure occurs. Except as provided under Section 8.01, upon a Cure by Triangle, the Grant Payments shall automatically and immediately resume except, any Grant Payments withheld by the City for any years during which Triangle is not in compliance shall be deemed forfeited by Triangle and the City shall at no time be liable for later payment of such Grant Payments. Except as to circumstances arising from an event offorce majeure, the Term shall not be extended as a result of any cure period under this section. Section 8.04. Remedies. Upon breach of any obligation under this Agreement, in addition to any other remedies expressly set forth in this Agreement with respect to such breach, the aggrieved party shall have such remedies as are available in law or equity for breach of contract; provided, however, that no party shall be liable to any other party for incidental or consequential damages. Notwithstanding the foregoing, the City, in entering this Agreement does not waive its immunity from suit or any other limitations on its liability, contractual or otherwise, as granted by the Texas Constitution or applicable laws of the State of Texas. Section 8.05. Offset. The City may deduct from any Grant Payments, as an offset, any delinquent and unpaid fees, sums of money or other fees, charges or taxes assessed and owed to or for the benefit of the City. Section 8.06. Force Majeure. An event of farce majeure means an event beyond the reasonable control of a party obligated to perform an act or take some action under this Agreement includine. but not limited to. acts of Clod. earthquake. fire. explosion. wan civil insurrection, acts of the public enemy, act of civil or military authority, sabotage, terrorism,