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Res 2015-148/Amazon contribution in aid construction for 3 phase powerlines
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Res 2015-148/Amazon contribution in aid construction for 3 phase powerlines
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6/27/2016 4:46:49 PM
Creation date
11/17/2015 2:51:46 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2015-148
Date
10/20/2015
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in State courts located in Hays County, Texas. Venue for any matters in federal court will be in <br />the United States District Court for the Western District of Texas, Austin Division. <br />Section 7.07. Severability. In the event any provision of this Agreement is illegal, <br />invalid, or unenforceability under the applicable present or future laws, then, and in that event, it <br />is the intention of the Parties that the remainder of this Agreement shall not be affected thereby, <br />and it is also the intention of the parties to this Agreement that in lieu of each clause or provision <br />that is found to be illegal, invalid, or unenforceable a provision be added to this Agreement <br />which is legal, valid and enforceability and is a similar in terms as possible to the provision <br />found to be illegal, invalid or unenforceable. <br />Section 7.08. Third Parties. The City and Amazon intend that this Agreement shall not <br />benefit or create any right or cause of action in or on behalf of any third -party beneficiary, or any <br />individual or entity other than the City and Amazon or permitted assignees of the City and <br />Amazon, except that the indemnification and hold harmless obligations by Amazon provided for <br />in this Agreement shall inure to the benefit of the indemnitees named therein. <br />Section 7.09. No Joint Venture. Nothing contained in this Agreement is intended by <br />the parties to create a partnership or joint venture between the Parties, and any implication to the <br />contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does <br />not create a joint enterprise, nor does it appoint either Party as an agent of the other for any <br />purpose whatsoever. Except as otherwise specifically provided herein, neither Party shall in any <br />way assume any of the liability of the other for acts of the other or obligations of the other. <br />Section 7.10. Counterparts. This Agreement may be executed in multiple counterparts, <br />each of which shall be considered an original, but all of which constitute one instrument. <br />1 <br />
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