Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Facilities Service Contract Article I - Definitions and Interpretation Section or Article which shall, to the greatest extent legally permissible, effectuate the intent of the parties in the invalid clause, provision, subsection, Section or Article; (2) if necessary or desirable to accomplish item (1) above, apply to the court having declared such invalidity for a judicial construction of the invalidated portion of this Service Contract; and (3) negotiate such changes, in substitution for or addition to the remaining provisions of this Service Contract as may be necessary in addition to and in conjunction with items (1) and (2) above to effect the intent of the parties in the invalid provision. The invalidity of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions hereof, and this Service Contract shall be construed and enforced as if such invalid portion did not exist. (P) Drafting Responsibilitv. Notwithstanding the City's having assumed primary drafting responsibility for the main body and certain Appendices to this Service Contract, or the Authority's having assumed primary drafting responsibility for certain Appendices to this Service Contract, neither party shall be held to a higher standard than the other party in the interpretation or enforcement of this Service Contract as a whole or any portion hereof as a result of having assumed such drafting responsibility. (Q) No Third party Rights. This Service Contract is exclusively for the benefit of the City and the Authority and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action, or other rights. (R) References to Davs. All references to days herein are references to calendar days. (S) References to Knowledge. All references to "knowledge," "knowing," "know" or "knew" shall be interpreted as references to a party having actual knowledge. (T) Counterparts. This Service Contract may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Service Contract. (U) Governing Law. This Service Contract shall be governed by and construed in accordance with the applicable laws of the State of Texas. (V) Defmed Terms. The defmitions set forth in Section 1.1 shall control in the event of any conflict with the defmitions used in the recitals hereto. 20