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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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same will be brought in Bexar County, or the county in which Property is <br />located. <br />20. Binding This Lease shall be binding upon and inure to the benefit of the parties and <br />Effect. their respective successors and assigns. <br />21. Authority. Each of the persons signing on behalf of Lessor and Lessee hereby confirm <br />that they have the authority to execute this Lease on behalf of the parry <br />indicated by their signature and have the authority to bind such party <br />thereto. <br />22. Survival. Except as set out herein, all agreements and representations in this Lease <br />shall survive the end of the Term. <br />23. Force If Lessee is denied its use of all or a part of the Groundwater Rights by <br />Maieure. reason of any laws, regulations, or governmental action or other acts outside <br />of the control of Lessee, other than any limitation or prohibition on the use <br />or withdrawal of any of the Groundwater Rights during any Critical Period <br />Stage imposed by Lessee pursuant to its rules, then Lessee and Lessor shall <br />be excused from their obligations hereunder for so long as these <br />circumstances exist. <br />24. Further Lessor and Lessee shall take all further actions and shall execute and <br />Assurances. deliver to the other any other document or instrument which Lessee <br />determines to be necessary or useful to fully carry out the transactions <br />evidenced by this Lease, including any amendments to the Permit, in <br />conformance with applicable Lessee rules, or any documentation required <br />by Lessor in order to evidence the termination of Lessee's interest in the <br />Groundwater Rights upon the termination of this Lease. In addition, Lessor <br />agrees to amend this Lease in any manner necessary to cause this Lease to <br />be in compliance with Lessee rules. Lessee shall have the authority to file a <br />Memorandum of Lease of public record to reflect its interest in the Property <br />and Groundwater Rights as set out under the terms of this Lease. Lessor <br />agrees to execute any such form of Memorandum of Lease provided by <br />Lessee. <br />25. Attorneys If any action at law or in equity is brought to enforce or interpret a <br />Fees. provision of this Lease, the prevailing party shall be entitled to recover from <br />the other party reasonable attorneys' fees, costs and other necessary <br />litigation disbursements in addition to any relief to which it may be entitled. <br />26. Entire This Lease contains all agreements between the parties and any agreement <br />Agreement. not contained herein shall not be recognized by the parties. The captions <br />used herein are for convenience only and shall not be used to construe this <br />Lease. Words of gender shall be construed to include any other gender, and <br />words in the singular number shall include the plural and vice versa unless <br />Page 7 of 8 <br />
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