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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
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2019-182
Date
9/30/2019
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representatives of the parties. <br />c. Severability. If any part of this Agreement is determined to be invalid by a court or <br />regulatory authority of competent jurisdiction, the rest of the agreement remains in effect unless <br />contrary to the manifest intent of the parties. <br />d. Assignment. Neither party may assign its rights or obligations under this Agreement <br />without the written consent of the other party. <br />e. Current Revenues. The parties to this Agreement expressly acknowledge and agree <br />that all monies paid pursuant to this Agreement shall be paid from current lawfully appropriated <br />revenues available to the paying party. <br />L No Co -Employers. The parties are not agreeing to act as co -employers of any persons <br />by virtue of this Agreement alone. Likewise, the parties are not entering a joint -venture or agency <br />relationship by virtue of this Agreement alone. <br />g. No Personal Liability, No Waiver of Immunity, No Non -Party Beneficiaries. This <br />Agreement does not create any form of personal liability on the part of any official, officer, <br />employee, or agent who is an individual. Each party will not sue or try to hold an official, officer, <br />employee, or individual agent of the other party personally liable for any personal injuries or <br />property damage. The parties do not waive any form of immunity by signing this Agreement. If <br />a person, who is not a party to this Agreement, files or asserts a claim against one or both of the <br />parties to this Agreement, then the parties will assert and pursue all immunity and other defenses <br />against the claim. In addition, however, each party may pursue its third -party practice rights against <br />other party in the context of a claim by person who is not a party to this Agreement. The parties <br />do not intend to create a claim or right for, or in favor of, a person or entity who is not a party to <br />this Agreement. <br />h. Authorized Signatories. The undersigned officers of the parties hereto have been duly <br />authorized by appropriate legislative action of their respective governing bodies to execute this <br />Agreement and bind the represented party to the terms hereof <br />[SIGNATURES ON NEXT PAGE] <br />
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