Res 2016-070/approving an amended and restated Economic Development Incentive Agreement with Chuck Nash Auto Group providing for the waiver of certain sign standards under the Land Development Code

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Section 5.09. No Liability for City Approvals. Developer agrees that City assumes no liability or responsibility by approving plans, issuing permits or approvals or making inspections in the event there is a defect in any improvements, signs or other work related to the Project and the Business. Section 5.10. No Waiver of Immunity or Liability. Nothing in this Agreement, and no action of the City under this Agreement, will constitute a waiver of any immunity of the City to suit or to liability or of any limitations on liability granted by law or the Texas Constitution. Section 5.11. Indemnification. Developer shall indemnify, hold harmless and defend City, its employees, officials, and agents from and against any and all obligations, claims, suits, demands and liability or alleged liability, including costs of suit, attorney's fees, damages, judgments, or settlements and related expenses arising in any manner from Developer's activities in connection with this Agreement. Section 5.12. Force Majeure. Any prevention or delay in performance of an obligation under this Agreement by either party due to strikes, lock outs, labor disputes, acts of God, unusually severe weather, the elements, inability to obtain labor or materials or reasonable substitute therefor, governmental restrictions, governmental regulations, governmental controls, judicial decisions, orders or decrees, enemy or hostile government action, civil commotion, fire or other casualty and other causes beyond the reasonable control of the party obligated to perform, shall excuse the performance by such party for a period equal to any such prevention or delay or stoppage. Both parties shall use reasonable efforts to overcome whatever may be impeding their performance of any obligation hereunder. Section 5.13. Counterparts. This Agreement has been executed by the parties in multiple originals or counterparts each having full force and effect.