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Res 1986-055
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Res 1986-055
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8/27/2007 1:10:30 PM
Creation date
8/27/2007 1:10:30 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1986-55
Date
5/12/1986
Volume Book
79
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<br />11. 03. Compliance With Laws. River Ridge shall comply with all <br />applicable City ordinances and regulations in connection with the <br />construction of the Sanitary Sewer Interceptor. This Agreement shall be <br />subject to all valid and applicable rules, regulations, laws, and court <br />judgments and orders of or with the United States of America, the State of <br />Texas, or any governmental body, agency or court having lawful <br />jurisdiction of the city of San Marcos with respect to the matters set out <br />herein. <br />11. 04. Termination. This Agreement shall terminate (i) if the <br />Construction Contracts have not been executed within one hundred twenty <br />(120) days after the approval by the City of this Agreement unless four <br />out of six of the parties hereto other than the City elect in writing not <br />to terminate this Agreement or (ii) if construction has not started by <br />December 31, 1986 unless four out of six of the parties hereto elect in <br />writing not to terminate this Agreement. In any event, this Agreement <br />shall terminate at any time upon the unanimous agreement of all the <br />parties hereto. <br />11. 05. Attorney's Fees. In the event it becomes necessary to employ an <br />attorney or attorneys to enforce the conditions of this Agreement against <br />any defaulting party, the non-prevailing party shall pay all costs and <br />expenses and reasonable attorney's fees incurred in connection with the <br />enforcement of this Agreement upon final settlement, whether by agreement <br />or judgment, against the defaulting party. <br />11. 06. Successors and Assigns. This Agreement shall be binding upon the <br />parties hereto and their respective heirs, successors and assigns. <br />11. 07. Amendment. Any amendment or modification of this Agreement shall <br />be in writing, signed by the parties hereto. <br />11. 08. Time of Essence. Time is of the essence to this Agreement. <br />11. 09. Governing Law. This Agreement shall be construed in accordance <br />with the laws of the State of Texas and venue shall lie in Hays County, <br />Texas. <br />11.10. Parti,s Benefitted. Except as otherwise expressly provided <br />herein, nothing in this Agreement, express or implied, is intended to <br />confer on any person, other than the parties hereto, and their heirs, <br />successors and assigns, any benefits, rights or remedies under, or by <br />reason of this Agreement. <br />11.11. Effective Date. This Contract shall be effective on the date <br />executed by the City of San Marcos. <br /> 7 <br />15/1026/3 <br />
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