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Res 2013-187/Approving an interlocal cooperation agreement w/Dallas County Schools DBA Texserve to enforce and administer the automated school bus stop arm enforcement program
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Res 2013-187/Approving an interlocal cooperation agreement w/Dallas County Schools DBA Texserve to enforce and administer the automated school bus stop arm enforcement program
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1/22/2015 4:18:13 PM
Creation date
12/20/2013 2:27:10 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2013-187
Date
12/17/2013
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Agreement which is not remedied pursuant to Section 7B(i). <br />Texserve shall have the right to terminate this Agreement immediately by written <br />notice to the City if- <br />i. the Ordinance is revoked by lawful action of the City Council of San Marcos, <br />Texas. <br />B. Wind -Down Provisions. <br />i. In the event of termination, City and Texserve shall be relieved of any further <br />obligations except as specifically provided within this agreement. Either party <br />shall have the right to remedy the cause for termination within ninety (90) <br />calendar days (or within such other time period as the City and Texserve shall <br />mutually agree, which agreement shall not be unreasonably withheld or <br />delayed) after written notice from the non- breaching party as to such breach. <br />ii. Notwithstanding paragraph 713(i) of this Agreement, expiration or termination <br />of this Agreement will not relieve either party from its obligations arising <br />hereunder prior to the effective date of such expiration or termination. <br />iii. In the event the City or Texserve terminates this Agreement pursuant to <br />paragraph A of this Section, the City and Texserve shall organize a methodical <br />and efficient schedule for removal of Equipment from the School Buses, but in <br />no event shall this schedule be less than 180 calendar days. Responsibility for <br />removal shall be that of Texserve. <br />iv. Notwithstanding any other provision of this Agreement to the contrary, the City <br />and Texserve agree that any Notice of Violation issued as of the effective date <br />of termination shall be administered according to the provisions of this <br />Agreement entered into between the parties. <br />C. The rights to terminate this Agreement within this Section shall be without <br />prejudice to any other rights or remedies of either party in respect to the breach <br />concerned (if any) or any other breach of this Agreement. <br />D. Procedures Upon Termination. <br />The termination of this Agreement shall not relieve either party of any liability that <br />accrued prior to such termination. Except as set forth in paragraph C of this Section, <br />upon the termination of this Agreement, all of the provisions of this Agreement shall <br />terminate and: <br />i. Texserve shall, within a reasonable amount of time, (a) except as provided in <br />Section 7.0(B)(iv) above, cease to provide services including, but not limited <br />to, work in connection with the construction or installation activities and <br />9 <br />
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