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Res 2016-012/interlocal agreement with Texas State University (Edwards Aquifer Research and Data Center) providing for groundwater quality monitoring services in the vicinity of the Paso Robles Development site for an amount not to exceed $34,999.98
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Res 2016-012/interlocal agreement with Texas State University (Edwards Aquifer Research and Data Center) providing for groundwater quality monitoring services in the vicinity of the Paso Robles Development site for an amount not to exceed $34,999.98
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12/15/2016 4:23:58 PM
Creation date
7/22/2016 2:05:59 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2016-12
Date
7/19/2016
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a) Interlocal Cooperation: The City and Texas State agree to cooperate with each other in good <br />faith at all times during the term of this Agreement in order to achieve the purposes of this <br />Agreement. Each party to this Agreement acknowledges and represents that this Agreement has <br />been executed by its duly authorized representative. <br />b) Entire Agreement: This Agreement contains the entire agreement between the parties and <br />supersedes all prior understandings and agreements between the parties regarding such matters. <br />This Agreement may not be modified or amended except by written agreement executed by both <br />parties. Neither party may assign this Agreement without the written consent of the other party. <br />c) Interpretation: The parties acknowledge and confirm that this Agreement has been entered into <br />pursuant to the authority granted under the Act. All terms and conditions are to be construed and <br />interpreted consistently with the Act. <br />d) Invalid Provision: Should any provision in this Agreement be found or deemed to be invalid, this <br />Agreement will be construed as not containing the provision and all other provisions which are <br />otherwise lawful will remain in full force and effect, and to this end the provisions of this <br />Agreement are declared to be severable. <br />e) Choice of Law and Place of Performance: This Agreement is governed by the law of the State of <br />Texas. Performance and all matters related thereto shall be in Hays County, Texas. <br />f) Termination: Either party may terminate this Agreement for convenience b y giving 30 days advance <br />written notice to the other party. <br />g) Dispute Resolution: The parties will use the dispute resolution process provided for in CHAPTER <br />2260 of THE TEXAS GOVERNMENT CODE to attempt to resolve any claim that either party makes <br />for breach of this agreement. <br />h) Authority to Contract: Each party has the full power and authority to enter into and perform this <br />Agreement, and the person signing this Agreement on behalf of each party has been properly <br />authorized_ and empowered to enter into this Agreement. The persons executing this Agreement <br />hereby represent that they have authorization to sign on behalf of their respective corporations. <br />i) Waiver: Failure of any party, at any time, to enforce a provision of this Agreement shall in no <br />way constitute a waiver of that provision nor in any way affect the validity of this Agreement, any <br />p� t hereof, or the right of either party thereafter to enforce each and every provision hereof. <br />No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be <br />in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver <br />of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent <br />breach. <br />j) Headings, Gender Number: The article headings are used in this Agreement for convenience and <br />re erence purposes only and are not intended to define, limit, or describe the scope or intent of <br />any provision of this Agreement and shall have no meaning or effect upon its interpretation. Words <br />of any gender used in this Agreement shall be held and construed to include any other gender, <br />and words in the singular number shall be held to include the plural, and vice versa, unless the <br />context requires otherwise. <br />k) Agreement Read: The parties acknowledge that they have had opportunity to consult with <br />counsel of tthei— i choice, have read, understand and intend to be bound by the terms and conditions <br />
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