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Res 2023-021R Approving a first amendment and reinstated agreement with Franklin Mountain San Marcos
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Res 2023-021R Approving a first amendment and reinstated agreement with Franklin Mountain San Marcos
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8/14/2023 10:34:34 AM
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5/4/2023 2:52:45 PM
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Section 18.15 Interpretation. Each of the Parties has been represented by counsel of their choosing in the <br />negotiation and preparation of this Agreement. Regardless of which Party prepared the initial draft of this <br />Agreement, this Agreement shall, in the event of any dispute, however its meaning or application, be interpreted <br />fairly and reasonably and neither more strongly for or against any Party. <br />Section 18.16 Effect of Development Agreement. This Agreement, including all of the related Development <br />Standards, approvals, consents and plans, shall remain in effect for the term of the Agreement regardless of <br />whether all or any portion of Cotton Center is annexed and/or zoned. To the extent this Development Agreement <br />or the Development Standards conflict with the City Code, this Development Agreement and the Development <br />Standards shall control. <br />Section 18.17 No Waiver of Governmental Immunity; Governmental Function. The Owner acknowledges <br />and agrees that the City is a governmental entity engaging in a governmental function. By entering into this <br />Agreement the City does not waive its governmental immunity or the limitations as to damages contained in any <br />applicable statutes. <br />
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