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Res 2017-166/approving an Interlocal Agreement between the City of San Marcos, Texas State University, the City of Kyle, and the City of New Braunfels for an amount of $625.00 to help organize and participate in the 2018 Texas Regional Stormwater Confere
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Res 2017-166/approving an Interlocal Agreement between the City of San Marcos, Texas State University, the City of Kyle, and the City of New Braunfels for an amount of $625.00 to help organize and participate in the 2018 Texas Regional Stormwater Confere
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12/18/2017 1:50:43 PM
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11/20/2017 4:18:18 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-166
Date
11/8/2017
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6.1 Relationship of Parties. This Agreement is not intended to create, nor should it be <br /> construed as creating, a partnership, association, joint venture or trust. By entering into this <br /> Agreement, the Parties do not create any obligations, express or implied, other than those set <br /> forth herein, and this Agreement will not create any rights in third Parties not signatories hereto. <br /> 6.2 Governing Law. The validity of this Agreement and any of its terms and provisions as <br /> well as the rights and duties of the Parties will be governed by the laws of the State of Texas; and <br /> venue for any action concerning this Agreement will be in the appropriate State District Court of <br /> Hays, Texas. This provision will survive termination or expiration of the Agreement. <br /> 6.3 Entire Agreement. This Agreement, including any appendices and attachments, recitals <br /> and exhibits represents the entire and integrated Agreement between the Parties and supersedes <br /> all prior proposals, negotiations, representations, Agreements, arrangements or understandings <br /> either written or oral between the Parties. No verbal Agreement or conversation with any <br /> officer, agent, or employee of any party before or after the execution of this Agreement will <br /> affect or modify any of the terms or obligations hereunder. The terms and conditions of this <br /> Agreement may only be amended or modified by written amendment executed by all of the <br /> parties. <br /> 6.4 Waiver. Failure of any Party, at any time, to enforce a provision of this Agreement, will <br /> in no way constitute a waiver of that provision, nor in anyway affect the validity of this <br /> Agreement, any part hereof, or the right of any Party thereafter to enforce each and every <br /> provision hereof. No term of this Agreement will be deemed waived or breach excused unless <br /> the waiver is in writing and is signed by the Party claimed to have waived. Furthermore, any <br /> consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other <br /> different or subsequent breach. <br /> 6.5 Legal Construction. In the event any one or more of the provisions contained in this <br /> Agreement are for any reason deemed invalid, illegal, or unenforceable by a court or other <br /> tribunal of competent jurisdiction, in any respect, this Agreement will be construed as not <br /> containing the provision and all other provisions of this Agreement which are otherwise lawful <br /> will remain in full force and effect, and to this end the provisions of this Agreement are declared <br /> severable. The Parties will use their best efforts to replace the respective provision or provisions <br /> of this Agreement with legal terms and conditions approximating the original intent of the Parties <br /> as necessary. <br /> 6.6 Recitals. The recitals to this Agreement are incorporated herein. <br /> 6.7 Compliance with Applicable Laws. Each Party agrees to comply with all applicable <br /> local, state and federal laws, ordinances rules and regulations. <br /> 6.8 Interlocal Cooperation. The Parties agree to cooperate with each other in good faith at <br /> all times during the term of this Agreement in order to achieve the purposes and intent of this <br /> Agreement. Each Party to this Agreement acknowledges and represents that this Agreement has <br /> been executed by its duly authorized representative. <br /> Page 4 <br />
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