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Res 2015-126/approving a State Use Contract between the City and Easter Seals-Central Texas as certified by TIBH Industries, Inc. for Vegetation and Litter Control in the estimated annual amount of $922,903.84
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Res 2015-126/approving a State Use Contract between the City and Easter Seals-Central Texas as certified by TIBH Industries, Inc. for Vegetation and Litter Control in the estimated annual amount of $922,903.84
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10/7/2015 1:13:27 PM
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9/24/2015 1:37:54 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2015-126
Date
9/15/2015
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satisfactorily perform the services and obligations set forth in this Agreement, <br />with proper allowances being made for circumstances beyond the control of the <br />Performing Party. <br />C) By either party upon thirty (30) calendar days written notice to the other. <br />ARTICLE 7. REMEDIES <br />Violation or breach of contract terms by the Performing Party will be grounds for <br />termination of the Agreement, and any increased costs arising from the Performing Party's <br />default, breach of contract, or violation of terms will be paid by the Performing Party. This <br />Agreement will not be considered as specifying the exclusive remedy for any default, but all <br />remedies existing at law and in equity may be availed of by either party and will be cumulative. <br />ARTICLE 8. SUBLETTING <br />The Performing Party will not sublet or transfer any portion of its responsibilities and <br />obligations under this Agreement unless specifically authorized to do so in writing by the <br />Receiving Party. <br />ARTICLE 9. SUCCESSORS AND ASSIGNS <br />The Performing Party will not assign or otherwise transfer its rights or obligations under <br />this Agreement except with the prior written consent of the Receiving Party. <br />ARTICLE 10. LEGAL CONSTRUCTION <br />In the event that any one or more of the provisions contained in this Agreement will for <br />any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, <br />illegality, or unenforceability will not affect any other provisions thereof and this Agreement will <br />be construed as if such invalid, illegal, or unenforceable provision had never been contained <br />herein. <br />ARTICLE 11. GOVERNING LAWS AND VENUE <br />This Agreement will be construed under and in accordance with the laws of the State of <br />Texas. Any legal actions regarding the parties' obligations and any matters whatsoever arising <br />from this Agreement will be filed and maintained in Hays County, Texas. <br />ARTICLE 12. PRIOR AGREEMENTS SUPERSEDED <br />This Agreement constitutes the sole and only agreement of the parties hereto and <br />supersedes any prior understandings or written or oral agreements between the parties respecting <br />this subject matter. <br />9 <br />
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