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Res 2019-182/approving a Public Transit System Interlocal Agreement with the Capital Area Rural Transportation System (“CARTS”) for CARTS to provide transit services on behalf of the City in the San Marcos urbanized area, with local funding participation
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Res 2019-182/approving a Public Transit System Interlocal Agreement with the Capital Area Rural Transportation System (“CARTS”) for CARTS to provide transit services on behalf of the City in the San Marcos urbanized area, with local funding participation
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2/7/2020 10:17:35 AM
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10/16/2019 11:12:20 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2019-182
Date
9/30/2019
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15. Indemnit <br />To the extent allowed by law, a Party will defend, indemnify, and hold harmless the <br />other Party for all claims and damages arising from the alleged acts or omissions of the <br />Party's employees or contractors. However, nothing in this Agreement shall require a Party <br />to establish an interest and sinking fund in connection with its indemnity obligations <br />hereunder. <br />16. Governing Law and Venue <br />This Agreement shall be governed by the laws of the State of Texas, and mandatory <br />venue for any legal dispute under this Agreement is in the State court in Hays County, Texas <br />having jurisdiction over the dispute. <br />17. Notices <br />Notices and approvals under this agreement are to be delivered personally, mailed by <br />certified mail, or transmitted by confirmed facsimile to the recipient at the following addresses: <br />CARTS: <br />General Manager <br />5300 Tucker Hill Lane <br />Cedar Creek, TX 78612 <br />Fax (512) 478-1110 <br />City of San Marcos: <br />City Manager <br />630 E. Hopkins <br />San Marcos, TX 78666 <br />Fax (512) 396-4656 <br />Each party will notify the other of any changes in this address information. <br />18. Termination <br />Either party may declare a default under this Agreement if the other party fails to comply <br />with any of the terms of this Agreement. If one party determines that the other party is in default <br />of this Agreement, the non -defaulting party will notify the defaulting party in writing of such <br />default, and if the default is not cured within 30 days from the date of the notice, then the non - <br />defaulting party may terminate this Agreement upon written notice. Either party may exercise its <br />remedies for default in conjunction with one another or separately, and together with any other <br />statutory or common law remedies available to such party. Any failure by the non -defaulting <br />party to enforce this Agreement with respect to one or more defaults by the defaulting party will <br />not waive the non -defaulting party's ability to enforce the Agreement after that time. <br />The City may terminate this Agreement for any reason by providing six months' advance <br />written notice of termination to CARTS. If the City terminates for any reason other than a <br />default by CARTS, CARTS shall be entitled to receive payments for services performed in <br />operating and maintaining the System and winding down through the termination date stated <br />in the notice. CARTS may terminate this Agreement for any reason by providing six months' <br />advance written notice of termination to the City. CARTS shall be entitled to receive payments <br />for expenses reasonably incurred in operating the System and winding down through the <br />5 <br />
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