Res 2016-119/approving a program for the use of a portion of Spring Lake Park for repatriation (re-burial) of certain Native American remains and artifacts; approving a memorandum of agreement between the City and the Indigenous Cultures institute for su

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Section 6.05. No Liability. Institute agrees that City assumes no liability or responsibility by approving plans, issuing permits or approvals or making inspections related to any matter arising under this Agreement. Section 6.06. 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 6.07. No Joint Venture. It is understood and agreed between the Parties that the City and Institute, in executing this Agreement, and in performing their respective obligations, are acting independently, and not in any form of partnership or joint venture. THE CITY ASSUMES NO RESPONSIBILITIES OR LIABILITIES TO ANY THIRD PARTIES IN CONNECTION WITH THIS AGREEMENT, AND INSTITUTE AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY SUCH LIABILITIES. Section 6.08. Third Party Beneficiaries and Assignability. This Agreement is for the exclusive benefit of City and Institute and no third party may claim any right, title or interest in any benefit arising under this Agreement. Institute may not assign any of its rights, or delegate or subcontract any of its duties under this Agreement, in whole or in part, without the prior written consent of the City. Section 6.09. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective while this Agreement is in effect, such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there shall be added as part of this Agreement a provision that is legal, valid and enforceable and that is as similar as possible in terms and substance as possible to the deleted provision. EXECUTED to be effective on the 6th day of September 2016.