Res 2019-022/approving a contribution in aid of construction agreement with Urban Mining Company and Urban Mining Development, LLC to provide for the City’s financial participation in the cost of extending electric service to Urban Mining Company’s opera

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ARTICLE VII PERSONAL LIABILITY OF PUBLIC OFFICIALS AND LIMITATIONS ON CITY OBLIGATIONS Section 7.01. Personal Liability of Public Officials. No employee or elected official of the City shall be personally responsible for any liability arising under or growing out of this Agreement. Section 7.02. Limitations on City Obligations. The Incentive Payment and any other financial obligation of the City hereunder shall be paid solely from lawfully available funds that have been budgeted and appropriated each fiscal year during the Term by the governing body of the City. Under no circumstances shall the City's obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision. ARTICLE Vlll MISCELLANEOUS Section 8.01. Entire Agreement. This Agreement, including any exhibits hereto, contains the entire agreement between the parties with respect to the transactions contemplated herein. Section 8.02. Amendments. This Agreement may only be amended, altered, or terminated by written instrument signed by all parties. Section 8.03. Assignment. Neither Party may assign this Agreement without the prior written consent of the other Party, except that Developers may assign this Agreement in whole or in part to an Affiliate or in connection with any merger, reorganization, sale of all or substantially all of its assets or any similar transaction; provided that Developers provides the City with written notice promptly after any such assignment. The Agreement will be binding upon, inure to the benefit of, and be enforceable by the Parties and their respective successors and assigns.