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Res 2023-001/approving an Interlocal Agreement with Hays County providing for the County to fund $2,000,000.00 toward the purchase of easements and right-of-way for the Purgatory Creek Improvements Project
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Res 2023-001/approving an Interlocal Agreement with Hays County providing for the County to fund $2,000,000.00 toward the purchase of easements and right-of-way for the Purgatory Creek Improvements Project
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1/9/2023 4:15:42 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2023-01R
Date
1/3/2023
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VIII. Severability. <br /> If any clause, sentence,paragraph or article of this Agreement is determined by a court of <br /> competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such determination <br /> shall not be deemed to impair, invalidate, or nullify the remainder of this Agreement if the <br /> Agreement can be given effect without the invalid portion. To this extent, the provisions of this <br /> Agreement are declared to be severable. <br /> IX. Entire Agreement. <br /> This Agreement contains the entire agreement between the parties respecting the subject <br /> matter hereof and supersedes all prior understandings and agreements between the parties <br /> regarding such matters. This Agreement may not be modified or amended except by written <br /> agreement duly executed by City and County and approved in the manner provided in Section VII <br /> above. <br /> X. Interpretation <br /> The parties acknowledge and confirm that this Agreement has been entered into pursuant <br /> to the authority granted under the Interlocal Cooperation Act, which is codified as Chapter 791 of <br /> the Texas Government Code. All terms and provisions hereof are to be construed and interpreted <br /> consistently with that Act. This Agreement shall not be more strictly construed against either City <br /> or County. <br /> XI. Applicable Law and Venue <br /> This Agreement shall be construed in accordance with the laws of the State of Texas. All <br /> obligations hereunder are performable in Hays County, Texas, and venue for any action arising <br /> hereunder shall be in Hays County, Texas. <br />
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