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Res 2015-005/approving interlocal contract with EAA, Texas State University for the expansion of the COSM Reclaimed Water System
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Res 2015-005/approving interlocal contract with EAA, Texas State University for the expansion of the COSM Reclaimed Water System
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4/30/2015 3:36:50 PM
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1/30/2015 8:34:16 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2015-05
Date
1/20/2015
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Lessee: Edwards Aquifer Authority <br />900 E. Quincy <br />San Antonio, Texas 78215 <br />Attn: General Manager <br />14. Taxes. All taxes, charges, or assessments upon the Property and Groundwater <br />Rights shall be the continuing responsibility of Lessor. Lessee shall not be <br />liable for any taxes, charges, or assessments upon the Property or <br />Groundwater Rights. <br />15. Liens. Lessor and Lessee shall promptly pay when due all items for which they are <br />responsible which may result in the placement of a lien on the Property or <br />Groundwater Rights. If Lessor or Lessee fails to pay any such item, <br />including but not limited to any tax, charge or assessment, or any <br />mechanic's or materialmen's expenses, or if a lien is placed upon the <br />Property or Groundwater Rights, the non - defaulting party shall have the <br />right to make such payment and the defaulting party hereby covenants to <br />reimburse the non - defaulting parry, upon demand, for any amount so <br />expended or paid, with interest thereon at the highest legal rate per annum <br />from the date of such payment until the date of such reimbursement. <br />16. Default. If for any reason Lessor fails to comply with any of the provisions of this <br />Lease, Lessee, at its election, may exercise all rights which may be available <br />to it at law or in equity, including termination of this Lease. If Lessee fails <br />to comply with any provision of this Lease and such failure continues for a <br />period of thirty (30) days after receiving written notice of such failure from <br />Lessor, Lessor may, as its sole and exclusive remedy terminate this Lease <br />and receive the Lease Payments which are due and payable and have <br />accrued through that date. <br />17. Waiver. The failure on the part of either party to require the performance by the other <br />of any portion of this Lease shall not be deemed a waiver of, or in any way <br />affect that party's rights to enforce such provision. Any waiver by either <br />party of any provision of this Lease shall not be a waiver of any other <br />provision hereof. <br />18. Severability. The invalidity or unenforceability of any provision of this Lease shall not <br />affect the validity or enforceability of any other provision of this Lease. <br />19. Governing This Lease shall be governed by and construed in accordance with the <br />Law. laws of the State of Texas, and the obligations, rights, and remedies of the <br />parties hereunder will be determined in accordance with such laws without <br />reference to the laws of any other state or jurisdiction, except for applicable <br />federal laws, rules, and regulations. The parties also specifically agree that <br />in the event that any legal proceeding is brought to enforce this Lease, the <br />Page 6 of 8 <br />
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