Res 2018-040/approving a contract with TXI Operations, LP, d/b/a Martin Marietta for the sale of reclaimed water

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Section 4.10, Governing Law and Venue. This Contract is governed by the laws of the State of Texas. Section 4..11. Severability. If any material portion of this Contract is found by a court to be invalid or unenforceable for any reason, either Party sball have the option of terminating this Contract on a going forwaxd basis. Section 4.12. Order of Precedence. In the event of any conflict between the ten -ns of this Contract and the terms of any attachment, exhibit or other document attached to or referred to in this Contract, the terms of this Contract will take precedence. To the extent that this Contract conflicts with City ordinances regarding flow, pressure, and availability of reclaim water, the terms of this Contract prevail. Section 4.13. Nondiscrimination. In famishing services and conducting activities under this Contract, and in employment practices for employees and subcontractors associated with the construction of the Delivery Facilities, Martin Marietta will not unlawfully discriminate on the basis of race, color, religion, sex, age, natural origin or disability. Section 4.14. Prohibition on Contracts with Companies Boycotting Israel. Pursuant to Chapter 2270 and 808, Texas Government Code, Martin Marietta certifies that is not ineligible to receive the award of or payments under the Agreement and acknowledges that the Agreement may be terminated and payment may be withheld if this certification is inaccurate. Failure to meet or maintain the requirements under this provision will be considered a material breach. Section 4.15. Section 2252 Compliance. Section 2252 of the Texas Government Code restricts City from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. Contractor hereby certifies that is not ineligible to receive the award of or payments under this Agreement. Failure to meet or maintain the requirements under this, provision will be considered a material breach, Section 4.16. Notice, All notices given under this Contract 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: To City: City Manager City of San Marcos 630 East Hopkins Street San Marcos, TX 78666 Fax No. 512/396-4656 To Martin Marietta: Plant Manager Martin Marietta Hunter Cement 7781 FM 1102 New Braunfels, TX 78132 101