Res 2017-078/approving a Chapter 380 economic development incentive agreement for Urban Mining Company

Home Browse Search

this Agreement may also constitute public information subject to disclosure under The Public Information Act and agrees that the City may disclose this Agreement, the annual Compliance Certificates and the portions of materials, communications, data and information related to this Agreement as required by law, provided that the City will make reasonable efforts to (a) give Company prior written notice of a request for public information (other than a request for copies of this Agreement or annual Compliance Certificates, which Company agrees may be released without notice to Company) in a reasonably practicable time period to allow Company to seek a protective order or other appropriate remedy, (b) disclose only such information as is required under the applicable law, (c) cooperate with Company in responding to any such records request (but there shall be no obligation for the City to independently request or join in any request for a ruling from the Texas Attorney General or to pursue any remedies sought by Company with regard to asserted proprietary commercial or financial information or trade secrets). In particular, the City, without waiving its right to appeal an opinion or ruling under applicable procedures, hereby agrees to comply with any opinion or ruling of the Texas Attorney General or court order recommending or requiring redaction or withholding of information in response to a specific request for public information. ARTICLE X DEFAULT, TERMINATION AND REMEDIES Section 10.01. Default by Company and Termination Generally. If Company is not in compliance with the Minimum Jobs Requirement in a given year, no Grant Payment shall be due for that year and Company shall have no recourse or claim to recovery of the amount of the Grant Payment that would otherwise have been due for that year. Except as otherwise provided herein, at any time during the Term of this Agreement that Company is not in material compliance with its obligations under this Agreement, other than its obligations to comply with the Minimum Jobs 16