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Res 2017-083/approving a principal forgiveness agreement with the Texas Water Development Board that forgives an amount not to exceed $685,839 out of $5,445,839 in principal funds to the city from the Clean Water State Revolving Fund to finance the const
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Res 2017-083/approving a principal forgiveness agreement with the Texas Water Development Board that forgives an amount not to exceed $685,839 out of $5,445,839 in principal funds to the city from the Clean Water State Revolving Fund to finance the const
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6/2/2017 2:36:19 PM
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Resolutions
City Clerk - Type
Approving
Number
2017-83
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 6.1,15. <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 />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. L1000600 <br />Page 10 of 14 <br />
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