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Res 2017-084/approving a principal forgiveness agreement with the Texas Water Development Board that forgives an amount not to exceed $961,821 out of $1,961,821 in principal funds to the city from the Clean Water State Revolving Fund to finance the planni
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Res 2017-084/approving a principal forgiveness agreement with the Texas Water Development Board that forgives an amount not to exceed $961,821 out of $1,961,821 in principal funds to the city from the Clean Water State Revolving Fund to finance the planni
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6/2/2017 1:57:10 PM
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5/26/2017 10:29:06 AM
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Resolutions
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Approving
Number
2017-84
Date
5/2/2017
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6.03. SURVIVAL OF TERMS AND CONDITIONS. <br /> A. Termination or expiration of this Agreement for any reason shall not release either <br /> Party from any liabilities or obligations set forth in this Agreement that: <br /> 1. the Parties have expressly agreed shall survive any such termination or <br /> expiration, if any; or <br /> 2. by their nature, would be intended to be applicable following any such <br /> termination or expiration. <br /> B. The Parties expressly agree that the following terms and conditions survive the <br /> termination or expiration of this Agreement. <br /> 1. Article V, Sections 5.03, 5.04, 5.05, 5.07, 5.08, and 5.09. <br /> 2. Article VII, General Terms and Conditions. <br /> 6.04. REAL ESTATE. If the City purchases real estate for the Project with Principal <br /> Forgiveness Funds and any of the real estate or portion of the real estate is not used for the <br /> Project, the City shall repay to the TWDB the full amount of the Principal Forgiveness <br /> Funds for purchase of the real estate that is not used for the Project. Such amount shall be <br /> due and payable within 90 days after termination or expiration of this Agreement. <br /> 6.05. REMEDIES. <br /> A. The City shall have all remedies available in law or equity. <br /> B. The TWDB shall have all remedies available in law or equity, including remedies <br /> available under Texas Water Code §§ 6.114 and 6.115. <br /> ARTICLE VII. GENERAL TERMS AND CONDITIONS <br /> 7.01. INSURANCE AND INDEMNIFICATION. <br /> A. The City shall at all times keep insured with a responsible insurance company or <br /> companies such portions of the Project as are customarily insured by political <br /> subdivisions in the State that operate like properties in similar locations under <br /> similar circumstances. The City shall insure against risks, accidents, casualties or <br /> • <br /> loss in an amount that is customarily carried by such municipalities and political <br /> subdivisions and is at least sufficient to protect the TWDB's interest in the Project. <br /> B. The City is solely responsible for liability resulting from acts or omissions of the <br /> City, its employees, contractors, or agents. The City shall indemnify and hold the <br /> TWDB Commitment No.L1000601 <br /> Page 10 of 14 <br />
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