Res 2009-038 - Laserfiche WebLink

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pipelines, canals, or other structures, partial or entire failure of water supply including pollution (accident or intentional), and any inability on the part of GBRA to deliver raw water, the City to receive raw water, the City to treat and/or deliver treated water, or of GBRA to receive treated water, on account of any other cause not reasonably within the control of the Party claiming the inability. Section 32. Non-Assignability. Neither Party may assign this Agreement without the written consent of the other Party, except to a successor of the duties and functions of that Party. Section 33. Sole Agreement. This Agreement supersedes any prior understanding or oral or written agreements between the City and GBRA respecting the subject matter of this Agreement. Section 34. Severability. The provisions of this Agreement are severable and if, for any reasons, any one or more of the provisions contained in the Agreement shall be held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this Agreement and this Agreement shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the Agreement. Section 35. Captions. The sections and captions contained herein are for convenience and reference only and are not intended to define, extend or limit any provision of this Agreement. Section 36. No Third Party Beneficiaries. This Agreement does not create any third party benefits to any person or entity other than the signatories hereto, and is solely for the consideration herein expressed. No existing or potential GBRA Customer or City Customer shall have any right, title or interest in and to this Agreement. Section 37. Notices. All notices, payments and communication ("notices") required or allowed by this Agreement shall be in writing and be given by depositing the notice in the United States mail postpaid and registered or certified, with return receipt requested, and addressed to the Party to be notified. Notice deposited in the mail in the previously described manner shall be conclusively deemed to be effective from and after the expiration of three (3) days after the notice is deposed in the mail. For purposes of notice, the addresses of and the designated representative for receipt of notice for each of the parties shall be as follows: -21-