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Res 2009-122
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Res 2009-122
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Last modified
5/26/2010 10:43:48 AM
Creation date
9/24/2009 11:13:36 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Grant Application
Number
2009-122
Date
9/15/2009
Volume Book
183
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nor shall the invalidity of a portion of any provision of this Contract affect the balance of such <br />provision. <br />Section 11.8. Non - Waiver of Immunity. Nothing in this Contract is intended as any <br />waiver by the Authority of any immunity from suit to which it is entitled under Texas law. <br />Section 11.9. Survival. Termination of this Contract for breach shall not constitute a <br />waiver of any rights or remedies available at law or in equity to a parry to redress such breach. <br />All remedies, either under this Contract or at law or in equity or otherwise available to a party, <br />are cumulative and not alternative and may be exercised or pursued separately or collectively in <br />any order, sequence or combination. In addition, to these provisions, applicable provisions of this <br />Contract shall survive any termination of this Contract. <br />Section 11.10. Attachments. The Exhibits, schedules and /or other documents attached <br />hereto or referred to herein are incorporated herein and made a part hereof for all purposes. As <br />used herein, the expression "Contract" means the body of this Contract and such attachments, <br />Exhibits, schedules and /or other documents, and the expressions "herein," "hereof," and <br />"hereunder" and other words of similar import refer to this Contract and such attachments, <br />exhibits, schedules and /or other documents as a whole and not to any particular part or <br />subdivision thereof. <br />Section 11.11. Costs. If any legal action, arbitration or other proceeding is brought for <br />the enforcement of this Contract or because of an alleged breach or default relating to this <br />Contract, the successful or prevailing party or parties shall be entitled to recover reasonable costs <br />incurred, including but not limited to attorney's fees, in such action or proceeding in addition to <br />any other relief to which it or they may be entitled, all in accordance with Texas law. <br />Section 11.12. Includes. The verb "to include ", in all its forms, tenses, and variations, is <br />always used in the nonexclusive sense. <br />7of8 <br />
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