Res 2016-153/approving a Water Supply agreement for the sale of treated water to the City of Kyle

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water is suspended and shall use due diligence to restore service at the earliest practicable date. Under no circumstances shall San Marcos be required, for the purpose of meeting the supply obligations under this Agreement, to secure water from sources other than currently available and contracted for by San Marcos. Section 4.03. Independent Contractors. Nothing in this Agreement will be construed as creating any form of partnership or joint venture relationship between the parties. The parties are independent contractors with respect to each other. Section 4.04. Assignment. This Agreement will inure to the benefit of, and be binding upon, the successors and permitted assigns of the parties. Except as provided elsewhere herein, neither party may assign any of its rights or duties under this Agreement without the written consent of the other party. Section 4.05. No Transfer of Rights and Third Parties. In entering into this Agreement, it is understood and agreed by Kyle that San Marcos does not grant to Kyle and Kyle does not claim any right, title or interest in any contracts, water rights or reservations, or government approvals or certificates relating to water, water rights, water reservations or other water interests procured or owned by San Marcos. This Agreement shall be for the sole and exclusive benefit of San Marcos and Kyle and shall not be construed to confer any benefit or right upon any third party. Section 4.06. Amendments. This Agreement may be amended only through a written amendment executed by the parties. Section 4.07. Governing Law and Venue. This Agreement is governed by the laws of the State of Texas. Venue for any dispute shall be in the appropriate state courts of Hays County, Texas. Section 4.08. Severability. If any material portion of this Agreement is found by a court to be invalid or unenforceable for any reason, either Party shall have the option of terminating this Agreement on a going forward basis. Section 4.09. Remedies; No Waivers. It is not intended hereby to specify, and this Agreement shall not be considered as specifying, an exclusive remedy for any default, but all such other remedies existing at law or in equity may be availed of by either party and shall be cumulative. No waiver or waivers of any breach or default, or any breaches or defaults, made by a party hereto of any term, covenant, condition or liability hereunder or the performance by the other party of any duty or obligation hereunder shall be deemed or construed to be a waiver of subsequent breaches or defaults of any kind. Section 4.10. Notices. All notices given under this Agreement will be delivered personally, by certified mail, return receipt requested, or by confirmed fax transmission, by overnight mail or by courier, to the following address for the respective party: 5