Laserfiche WebLink
authority may stay a proceeding or dismiss a claim pending the parties' use of these <br />procedures—except that a party may ask the court or authority to appoint a mediator if the parties <br />cannot agree on one. <br />c. Emergency Exception. As an exception, party may file a petition and an application <br />for a temporary restraining order, preliminary injunction, declaration, or similar equitable relief <br />in the event of an emergency and to continue or restore the status quo that existed prior to the <br />dispute. <br />20. Miscellaneous <br />a. Compliance with Laws. In carrying out is obligations under this Agreement, the <br />Parties shall comply with all applicable state, federal and local transportation, safety and <br />other laws, rules, regulations. <br />b. Entire Agreement. This Agreement is the entire agreement of the parties on this <br />subject matter, and may be amended only by a written document executed by the authorized <br />representatives of the parties. <br />c. Severability. If any part of this Agreement is determined to be invalid by a court <br />or regulatory authority of competent jurisdiction, the rest of the agreement remains in effect <br />unless 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 />f. No Co -Employers. The parties are not agreeing to act as co -employers of any <br />persons by virtue of this Agreement alone. Likewise, the parties are not entering a joint -venture <br />or agency relationship by virtue of this Agreement alone. <br />g. No Personal Liability, No Waiver of Immunity, No Non -Party Beneficiaries. <br />This 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. <br />If a person, who is not a party to this Agreement, files or asserts a claim against one or both of <br />the parties to this Agreement, then the parties will assert and pursue all immunity and other <br />defenses against the claim. In addition, however, each party may pursue its third -party practice <br />rights against other party in the context of a claim by person who is not a party to this Agreement. <br />The parties do not intend to create a claim or right for, or in favor of, a person or entity who is <br />City of San Marcos Public Transit System October 1, 2020 <br />CARTS Interlocal Agreement P. 7 <br />