Res 2005-127 - Laserfiche WebLink

Home Browse Search

City of San Marcos/Guadalupe-Blanco River Authority Service Contract Water Treatment Facilities Article XI - Breach. Default. Remedies and Termination rights and obligations of the parties hereto pursuant to Sections [1.2(H), 4.4(B), 7.2(E), 9.1(E), 11.1, 11.2, 11.3, 11.4, 11.5, 11.6, 11.7, 11.8, 11.9, 12.2, 12.3, 13.2, 14.4 and 14.8(D)] hereof shall survive the termination of this Service Contract. No termination of this Service Contract shall (1) limit or otherwise affect the respective rights and obligations of the parties hereto accrued prior to the date of such termination, or (2) preclude either party from impleading the other party in any Legal Proceeding originated by a third party as to any matter occurring during the Term of this Service Contract. SECTION 11.7. NO WAIVERS. No action of the City or the Authority pursuant to this Service Contract (including any investigation or payment), and no failure to act, shall constitute a waiver by either party of the other party's compliance with any term or provision of this Service Contract. No course of dealing or delay by the City or the Authority in exercising any right, power or remedy under this Service Contract shall operate as a waiver thereof or otherwise prejudice such party's rights, powers and remedies. No single or partial exercise of (or failure to exercise) any right, power or remedy of the City or the Authority under this Service Contract shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. SECTION 11.8. NO CONSEQUENTIAL OR PUNITIVE DAMAGES. In no event shall either party be liable to the other or obligated in any manner to pay to the other any special, incidental, consequential, punitive or similar damages based upon claims arising out of or in connection with the performance or non-performance of its obligations under this Service Contract, or the material falseness or inaccuracy of any representation made in this Service Contract, whether such claims are based upon contract, tort, negligence, warranty or other legal theory. The waiver of the foregoing damages under this Section is intended to apply only to disputes and claims as between the City and the Authority. SECTION 11.9. FORUM FOR DISPUTE RESOLUTION. It is the express intention of the parties that all Legal Proceedings related to this Service Contract or to the Facilities or to any rights or any relationship between the parties arising therefrom shall be solely and exclusively initiated and maintained in the courts of the State located in Hays County or the U.S. District Court for the Southem District of Texas, Austin Division. The Authority and the City each irrevocably consents to the jurisdiction of such courts in any such actions or proceedings, waives any objection it may have to the laying of the jurisdiction of any such action or proceeding. In addition, the parties hereby expressly waive the right to trial by JUry. 79