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Res 2018-184/approving a Chapter 380 Economic Development Incentive Agreement with Katerra, Inc. to locate an Automated Building Component Manufacturing and Distribution Facility along State Highway 80 East of State Highway 21, which agreement provides i
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Res 2018-184/approving a Chapter 380 Economic Development Incentive Agreement with Katerra, Inc. to locate an Automated Building Component Manufacturing and Distribution Facility along State Highway 80 East of State Highway 21, which agreement provides i
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2/28/2019 8:00:34 AM
Creation date
10/23/2018 3:20:14 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2018-184
Date
10/16/2018
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may lawfully be conducted by Company. <br />Section 6.02. Authority. The execution, delivery and performance by Company of this <br />Agreement are within Company's powers and have been duly authorized. <br />Section 6.03. Valid and Binding Obligation. This Agreement is the legal, valid and <br />binding obligation of Company, enforceable against Company in accordance with its terms except <br />as limited by applicable relief, liquidation, conservatorship, bankruptcy, moratorium, <br />rearrangement, insolvency, reorganization or similar laws affecting the rights or remedies of <br />creditors generally, as in effect from time to time. <br />Section 6.04. No Defaults. Company is not in default in the performance, observance or <br />fulfillment of any of the obligations, covenants or conditions contained in any agreement or <br />instrument to which they are parties or by which they or any of their property is bound that would <br />have any material adverse effect on Company's ability to perform under this Agreement. <br />Section 6.05. Full Disclosure. Neither this Agreement nor any schedule or Exhibit <br />attached hereto in connection with the negotiation of this Agreement contains any untrue statement <br />of a material fact or omits to state any material fact necessary to keep the statements contained <br />herein or therein, in the light of the circumstances in which they were made, from being <br />misleading. <br />ARTICLE VII <br />PERSONAL LIABILITY OF PUBLIC OFFICIALS <br />AND LINIITATIONS ON CITY OBLIGATIONS <br />Section 7.01. Personal Liability of Public Officials. No employee or elected official of <br />the City shall be personally responsible for any liability arising under or growing out of this <br />Agreement. <br />
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