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Res 2017-078/approving a Chapter 380 economic development incentive agreement for Urban Mining Company (2)
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Res 2017-078/approving a Chapter 380 economic development incentive agreement for Urban Mining Company (2)
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12/28/2017 9:03:14 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-78
Date
4/18/2017
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in federal court, venue for any matters in federal court will be in the United States District Court <br />for the Western District of Texas, Austin Division. <br />Section 11.07. Severability. In the event any provision of this Agreement is illegal, <br />invalid, or unenforceability under the applicable present or future laws, then, and in that event, it <br />is the intention of the Parties that the remainder of this Agreement shall not be affected thereby, <br />and it is also the intention of the Parties to this Agreement that in lieu of each clause or provision <br />that is found to be illegal, invalid, or unenforceable a provision be added to this Agreement which <br />is legal, valid and enforceability and is a similar in terms as possible to the provision found to be <br />illegal, invalid or unenforceable. <br />Section 11.08. Third Parties. The City and Developers intend that this Agreement shall <br />not benefit or create any right or cause of action in or on behalf of any third -party beneficiary, or <br />any individual or entity other than the City and Developers or permitted assignees or successors <br />of the City and Developers, except that the indemnification and hold harmless obligations by <br />Company provided for in this Agreement shall inure to the benefit of the indemnitees named <br />therein. <br />Section 11.09. No Joint Venture. Nothing contained in this Agreement is intended by the <br />Parties to create a partnership or joint venture between the Parties, and any implication to the <br />contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not <br />create a joint enterprise, nor does it appoint either Party as an agent of the other for any purpose <br />whatsoever. Except as otherwise specifically provided herein, neither party shall in any way <br />assume any of the liability of the other for acts of the other or obligations of the other. <br />Section 11.10. Immunity. This Agreement is not a contract for goods and services. The <br />City, in entering this Agreement does not waive its immunity from suit or any other limitations on <br />22 <br />
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