Ord 2007-071 - Laserfiche WebLink

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Section 3. Yarrington Road.. Kyle and San Marcos agree that San [\/larcos shall have and exercise regulatory and police powers} and will assume aU maintenance and service obligations, to the SeHTle extent as provided for county roads located within Kyle, and with respect to that portion of Yarrington Road, adjacent to the entire area described on EXHIBITS J\c! and AS, The parties agree to cooperate to the extent reasonably necessary to give effect to this Agreement This Section is not intended to vahdate or waive the nghts of the parties with respect to the Yarrington Road Strip except to the extent specifically described above. Section 4. Miscellaneous. a. Default, notice. A breach of cmymaterial provision of this Agreement a1 tel' notice and an opportunity to cure, shall constitute a default. The non-breachmg pClrty shall notIfy the breaching party of an alleged breach,yvhich notice shall speCify the alleged breach with reasonable particularity. If the breaching party fads to cure the breach within a reasonable time not sooner than 30 days after receipt of such notice (or such longer period of time as the non-breaching party may specify in such notice), the non-breaching party may declare a default hereunder and exercise the remechcs provided in, this Agreement in the event of default b. Remedies. In the event of a default hereunder, the remedies of the non- defaulting party shall be limited to injunctIve relief specifymg the actions to be taken by the defaulting party to cure the detault or othenVlse comply with its obligations hereunder. InjunctIve rellef shall be directed solely to the default and slMlInot address or include any activity or actions not directly related to the default. c. Beneficiaries. This Agreement shall bind and inure to the benefit of the parties, theu successors and assigns, and no otber person or entity. d. Severability. If any proVISIOn of tl115 Agreement is held to be illegal, invalId, or unenforceable then, and in that event, It IS the intention of the parties hereto that the rernainder of this Agreement shall not be aftectcd, f. Waiver. j\ny failure by a party hereto to inSIst upon strict performance by the other party of any provision uf this Agreement shall not be deemed a w,uvcr thereof or of any other provision hereof, and such party shall have the nght at any time thereafter to insist upon stnct perform,mce of any and all of the provisions of thIS Agreement. g. Exclusive agreement. This Agreement is the exclUSIve agreement of the parties with respect to the subject matter hereof and may onlv be changed bv written agreement of the partIes. PDFCOll vert j 222.! .1 LAsmetj,doc "]