Res 2015-020/Wildenthal Tract - Laserfiche WebLink

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written or oral. 7.3 Lawful Authority. The execution and performance of this MOU by the County and the City have been duly authorized by all necessary laws, resolutions or corporate action, and this MOU constitutes the valid and enforceable obligations of the County and the City in accordance with its terms. 7.4 Amendments. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to the date hereof and duly executed by the parties hereto. 7.5 Independent Parties. It is understood and agreed between the Parties that the County and the City, in executing this MOU, and in performing their respective obligations, are acting independently, and not in any form of partnership or joint venture. 7.6 Construction. The captions and headings contained in this MOU are solely for convenient reference and will not be deemed to affect the meaning or interpretation of any provision or paragraph hereof. All references in this MOU to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. For the purposes of this MOU, the term "will" is mandatory. Should any provision in this MOU be found or deemed to be invalid, this MOU will be construed as not containing such provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this MOU are declared to be severable. 7.7 Conflict with Applicable Law. Nothing in this MOU shall be construed so as to require the commission of any act contrary to law, ordinance or administrative executive or judicial regulation, order or decree, or amendment thereof, contrary to which the parties have not legal right to contract, the latter shall prevail, but in such event the affected provision or provisions of this MOU shall be modified only to the extent necessary to bring them within the legal requirements and only during the time such conflict exists. 7.8 No Waiver. No waiver by a Party of any breach of any provision of this MOU shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision hereof. 7.9 Public Information Act. City and County are governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. This MOU and all written information generated under this MOU may be subject to release under this Act. 7.10 Additional Documents. The City and the County covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the terms of this MOU. 7.11 Compliance with Laws. In performing this MOU, the City will comply with all local, state and federal laws. MOU - Wildenthal - Phase 1 Page 5