Laserfiche WebLink
available in law or equity for breach of contract;provided, however, that no party shall be liable <br /> to any other party for incidental or consequential damages. Notwithstanding the foregoing, the <br /> City,in entering into this Agreement does not waive its immunity from suit or any other limitations <br /> on its liability, contractual or otherwise, as granted by the Texas Constitution or applicable laws <br /> of the State of Texas. If any Grant Payments are made by the City before the City determines that <br /> Developer has breached the terms of this Agreement or misrepresented any facts relied upon by <br /> the City, Developer acknowledges and agrees that among the remedies available to the City is the <br /> right to recover any sums paid to Developer and Developer agrees that, in such event, it shall be <br /> liable to the City for reimbursement of any such sums. <br /> Section 8.04. Offset. The City may deduct from any Grant Payments, as an offset, any <br /> delinquent and unpaid fees, sums of money or ad valorem, sales or other taxes assessed and owed <br /> to or for the benefit of the City. <br /> Section 8.05. Force Majeure. As used in this Agreement, the term 'force naajeuf e" <br /> means an event beyond the reasonable control of a party obligated to perform an act or take some <br /> action under this Agreement including,but not limited to,acts of God, earthquake,fire,explosion, <br /> war, civil insurrection, acts of the public enemy, act of civil or military authority, sabotage, <br /> terrorism,floods,lightning,hurricanes,tornadoes,severe snow storms or utility disruption,strikes, <br /> lockouts, major equipment failure or the failure of any major supplier to perform its obligations. <br /> Section 8.06. Indemnification. Developer hereby agrees to indemnify and hold the <br /> City, and the City's elected officials and employees, harmless from and against any <br /> indebtedness, loss, claim, demand, liability or lawsuit arising from any obligation of the <br /> Developer under this Agreement or breach of any representation, warranty, covenant or <br /> agreement of the Developer contained in this Agreement, without regard to any notice or <br /> 12 <br />