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Res 2021-179/approving an agreement that grants a Non-Exclusive License to Skinny Labs, Inc., doing business as SPIN, that enables SPIN’S shared micromobility devices such as electric scooters and electric bicycles to be operated within City rights-of-wa
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Res 2021-179/approving an agreement that grants a Non-Exclusive License to Skinny Labs, Inc., doing business as SPIN, that enables SPIN’S shared micromobility devices such as electric scooters and electric bicycles to be operated within City rights-of-wa
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1/21/2022 2:35:27 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2021-179
Date
9/7/2021
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of -Way. After such 30 -day period any such License property remaining shall be considered <br />abandoned and may be disposed of by City. <br />15. Miscellaneous. <br />a. Entire Agreement. This License Agreement, inclusive of all exhibits, the <br />RFP and Proposal, contains the full and complete understanding and agreement between <br />the parties relating to the subject matter hereof and supersede all prior and contemporary <br />understandings and agreements, whether oral or written, relating such subject matter <br />hereof. Any modification or amendment to this Agreement shall be effective only if in <br />writing and signed by both parties. <br />b. Amendment. This Agreement may be amended by mutual agreement of the <br />parties. Such amendments shall only be effective if incorporated into written amendments <br />to this Agreement and executed by duly authorized representatives of the parties. <br />C. No Joint Venture. Nothing herein contained shall be in any way construed <br />as expressing or implying that the parties hereto have joined together in any joint venture <br />or liability company or in any mariner have agreed to or are contemplating the sharing of <br />profits and losses among themselves in relation to any matter relating to this Agreement. <br />d. Governing Law and Venue. The laws of the State of Texas, without <br />reference to its choice or conflicts of laws provisions, shall govern the interpretation and <br />enforcement of this Agreement. Venue for any disputes arising under this Agreement shall <br />be in the state courts having appropriate jurisdiction in Hays County, Texas, or, if in federal <br />court, the United States District Court for the Western District of Texas, Austin Division. <br />e. Counterparts. This Agreement may be executed simultaneously or in any <br />number of counterparts, each of which shall be deemed an original, but all of which <br />together shall constitute one and the same agreement. <br />[SIGNATURES ON NEXT PAGE] <br />
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