Res 2014-141/ILA with TXST for Traffic Impact Analysis at Sessom and Academy

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III. Term and Termination A. Term. The term of this Agreement will commence on the date this Agreement is fully executed by both parties and will continue until final completion of the traffic impact analysis and final payment of all sums due under this Agreement. B. Termination. If either party fails to perform its obligations for any reason except the other party's default, the other party may terminate this Agreement. If a party elects to terminate the Agreement under this paragraph, such terminating party may pursue such legal and equitable remedies available at law or in equity for breach of contract. IV. MISCELLANEOUS A. Execution. This Agreement may be simultaneously executed in any number of counterparts, each of which will serve as an original and will constitute one and the same instrument. B. Governing Law. This Agreement will be governed by the Constitution and laws of the State of Texas. C. Successors and Assigns. The assignment of this Agreement by either Party is subject to the prior written consent of the other Party. D. Headings. The captions and headings appearing in this Agreement are inserted merely to facilitate reference and will have no bearing upon its interpretation. E. Severability. If any the provision of this Agreement is held to be invalid or unenforceable by a court of proper jurisdiction, the holding will not affect any other provisions of this Agreement if the Agreement can be given effect without the invalid provision. The parties will construe the Agreement as if the invalid or unenforceable provision had not been contained in this Agreement. F. Waiver. Any waiver by any party of its rights with respect to a default or requirement under this Agreement will not be deemed a waiver of any subsequent default or other matter. G. Amendments. This Agreement may be amended or modified only by written agreement duly authorized and executed by the duly authorized representatives of the Parties. H. Cooperation. Each Party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Agreement.