Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article XN - Miscellaneous Provisions the City, not based on this Service Contract, arising out of any act or omission of the City in its governmental or regulatory capacity. (B) No City Obligation to Issue Governmental Approvals. The City retains all issuance and approval rights it has under Applicable Law with respect to any Governmental Approval required with respect to the Facilities, or the Contract Services, and none of such rights shall be deemed to be waived, modified or amended as a consequence of the execution of this Service Contract. The City shall not be deemed to be in breach or default hereunder as a result of any delay or failure in the issuance or approval of any such Governmental Approval. SECTION 14.l0. ASSIGNMENT. (A) By the Authority. The Authority shall not assign, transfer, convey, lease, encumber or otherwise dispose of this Service Contract, its right to execute the same, or its right, title or interest in all or any part of this Service Contract, whether legally or equitably, by power of attorney or otherwise, without the prior written consent of the City, except to an agency assuming the duties and obligations of the Authority. Any City approval given in one instance shall not relieve the Authority of its obligation to obtain the prior written approval of the City to any further assignment. Any assignment of this Service Contract which is approved by the City shall require the assignee of the Authority to assume the performance of and observe all obligations, representations and warranties of the Authority under this Service Contract, which shall remain in full force and effect during the Term hereof. The approval of any assignment, transfer or conveyance shall not operate to release the Authority in any way from any of its obligations under Service Contract unless such approval specifically provides otherwise. (B) By the City. The City may not assign its rights or obligations under this Service Contract without the prior written consent of the Authority. The City may, however, assign its rights and obligations under this Service Contract, without the consent of the Authority, to another Governmental Body if such assignee assumes, and is legally capable of discharging, the duties and obligations of the City hereunder. SECTION 14.11. LIMITED RECOURSE TO CITY. No recourse shall be had to the general fund or general credit of the City for any obligation of the City which may arise hereunder, or for any Loss-and-Expense of any nature arising from the performance or non- performance of the City's obligations hereunder. The sole recourse of the Authority for all such amounts shall be to the funds held in the City's water enterprise fund. All amounts held in the water enterprise fund shall be held for the uses permitted and required thereby, and no such amounts shall constitute property of the Authority. SECTION 14.l2. FURTHER AGREEMENTS. The parties may agree that the Authority shall perform services in addition to those constituting the Contract Services as of the Contract Date. The scope of such additional services, and the Authority's additional compensation therefor, shall be negotiated by the parties and their agreement with respect 93