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Res 2019-136/approving an interlocal agreement with Texas State University (Edwards Aquifer Research and Data Center) providing for groundwater quality monitoring services in the vicinity of the Kissing Tree Subdivision
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Res 2019-136/approving an interlocal agreement with Texas State University (Edwards Aquifer Research and Data Center) providing for groundwater quality monitoring services in the vicinity of the Kissing Tree Subdivision
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2/7/2020 9:50:41 AM
Creation date
9/13/2019 1:47:39 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2019-136
Date
9/3/2019
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Section 4, Miscellaneous Provisions <br />a) Interlocal Cooperation: The City and Texas State agree to cooperate with each other in good faith <br />at all times during the term of this Agreement in order to achieve the purposes of this Agreement, <br />Each party to this Agreement acknowledges and represents that this Agreement has been executed <br />by its duly authorized representative, <br />b) Entire Agreement: This Agreement contains the entire agreement between the parties and <br />supersedes all prior understandings and agreements between the parties regarding such matters, <br />This Agreement may not be modified or amended except by written agreement executed by both <br />parties. Neither party may assign this Agreement without the written consent of the other party, <br />c) Interpretation: The parties acknowledge and confirm that this Agreement has been entered into <br />pursuant to the authority granted under the Act, All terms and conditions are to be construed and <br />interpreted consistently with the Act. <br />d) Invalid Provision: Should any provision in this Agreement be found or deemed to be invalid, this <br />Agreement will be construed as not containing the provision and all other provisions which are <br />otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement <br />are declared to be severable, <br />e) Choice of Law and Place of Performance: This Agreement is governed by the law of the State of <br />Texas, Performance and all matters relater thereto shall be in Hays County, Texas. <br />i) Termination: Either party may terminate this Agreement for convenience by giving 30 days advance <br />written notice to the other party, <br />g) Dispute Resolution: The parties will use the dispute resolution process provided for in CHAPTER <br />2260 of THE TEXAS GOVERNMENT CODE to attempt to resolve any claim that either party <br />makes for breach of this agreement, <br />h) Authority to Contract:, Each party has the full power and authority to enter into and perform this <br />Agreement, and the person signing this Agreement on behalf of each party has been properly <br />authorized and empowered to enter into this Agreement, The persons executing this Agreement <br />hereby represent that they have authorization to sign on behalf of their respective corporations, <br />i) Waiver: Failure of any party, at any time, to enforce a provision of this Agreement shall in no way <br />constitute a waiver of that provision nor in any way affect the validity of this Agreement, any part <br />hereof, or the right of either party thereafter to enforce each and every provision hereof, No term of <br />this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and <br />signed by the party claimed to have waived, Furthermore, any consent to or waiver of a breach will <br />not constitute consent to or waiver of or excuse of any other different or subsequent breach. <br />j) Headings, Gender, Number: The article headings are used in this Agreement for convenience and <br />reference purposes only and are not intended to define, limit, or describe the scope or intent of any <br />provision of this Agreement and shall have no meaning or effect upon its interpretation, Words of <br />any gender used in this Agreement shall be held and construed to include any other gender, and <br />words in the singular number shall be held to include the plural, and vice versa, unless the context <br />requires otherwise, <br />
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