Res 2009-039 - Laserfiche WebLink

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ARTICLE XVI- MISCELLANEOUS PROVISIONS 16.1 Any undertaking by a Party to the other Party under this Agreement shall not constitute the dedication of the electrical system or any portion thereof of that Party to the public or to the other Party, and it is understood and agreed that any such undertaking shall cease upon the termination of this Agreement. 16.2 The several provisions of this Agreement are not intended to and shall not create rights of any character in, nor be enforceable by, parties other than the signatories to this Agreement and their assigns. 163 Neither Party shall be liable to the other for any indirect, consequential, incidental, punitive, or exemplary damages. 16.4 This Agreement shall not affect the obligations or rights of either Party with respect to other agreements. Both Parties to this Agreement represent that there is no agreement or other obligation binding upon it, which, as such Party is presently aware, would limit the effectiveness or frustrate the purpose of this Agreement. 16.5 This Agreement may be amended only upon mutual agreement of the Parties, such amendment will not be effective until reduced in writing and executed by the Parties. 16.6 The descriptive headings of the various sections of this Agreement have been inserted for convenience of reference only and are to be afforded no significance in the interpretation or construction of this Agreement. 16.7 The invalidity of one or more phrases, sentences, clauses, Sections or Articles contained in this Agreement shall not affect the validity of the remaining portions of this Agreement so long as the material purposes of this Agreement can be determined and carried out. 16.8 This Agreement will be executed in two or more counterparts, each of which is deemed an original, but all constitute one and the same instrument. LCRA TSC - San Marcos Electric Utility Page 12 of 35