Res 1986-116 - Laserfiche WebLink

Home Browse Search

e. g. h. k. d. The parties to this Contract shall have all rights and remedies afforded to them at law or in equity to enforce the terms of the Contract. The exercise of anyone right or remedy shall not be without prejudice to the enforcement of any other right or remedy allowed at law or in equity. The parties to this Contract bind themselves, their heirs, successors, assigns and representatives for the faithful and full performance of the terms and provisions of this Contract. f. If any action at law or in equity is necessary by the parties to this Contract to enforce or interpret the terms of this Contract, the non- defaulting party shall be entitled to reasonable attorneys' fees and costs and any necessary disbursements in addition to any other relief to which the non-defaulting party is entitled. Any and all representations, conditions and warranties made by any of the parties under this Contract are of the essence of this Contract and shall survive the execution and delivery of it. Any error or calculation or mathematical error shall not void the entire Contract, however, the the item in which the error occurs shall be corrected. The failure on the part of any party to this Contract at any time to require the performance by any other party to this Contract of any portion of this Contract shall not be deemed a waiver of or in any way affect the non-àefaulting party's right to enforce such a provision or any other provision. Any waiver by the non-defaulting party of any provision hereof shall not be taken or held to be a waiver of any other provision hereof or any other breach hereof. i. This Contract shall be governed by the laws of the State of Texas and all obligations of the parties herein are performable in Hays County, Texas. j. The parties to this Contract agree to begin performance of their respective obligations under this Contract from the date this Contract is executed and accepted. Perform all necessary legal steps to: (a) declare and classify COMPANY as a "Close Corporation" under the Texas Business Corporation Act. 1. The parties recognize that approval from the Texas Water Commission or other regulatory authority may be necessary for any extension of service by the City of San Marcos in COMPANY'S certified service area or in areas served by COMPANY pursuant to the Agreement between the City of San Marcos and COMPANY attached as Exhibit "C". COMPANY agrees not to object to any application filed by the City of San Marcos to serve these areas. The parties nevertheless recognize that COMPANY has no control over any of its customers, debt holders or other parties pro"testing any such application. 6.