Laserfiche WebLink
If to ACC <br /> (1) by email to Donald Tracy at dtracy@austincc.edu, <br /> With a copy to: Hector Aguilar at ha uilar a,austincc.edu and Delphine Gonzales at <br /> dgonzal2gaustincc.edu; or, <br /> (2) by reputable courier service, or by certified mail, postage prepaid, return receipt <br /> requested, to: Donald Tracy, 11928 Stonehollow Dr., Austin, TX 78758, or to such other address <br /> as a party may designate in notice given to the other party. Mailed notices shall be deemed served <br /> five(5)days after deposit in the U.S. Mail.Notices which are faxed,emailed,are personally served <br /> or sent by courier service shall be deemed served upon receipt. <br /> SECTION 17. ASSIGNMENT/SUBLEASES. <br /> A. ACC shall not sublease the Premises, in whole or in part, or assign, encumber or <br /> transfer (by operation of law or otherwise) the rights under this Agreement, without the prior <br /> consent of the City, which consent may be denied at City's sole and absolute discretion. Any <br /> purported transfer or assignment without the City's consent shall be void and shall constitute a <br /> default of this Agreement by Nonprofit. <br /> B. Subject to the prohibition stated in paragraph A above, this Agreement shall be <br /> binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, <br /> administrators, successors and assigns. <br /> C. Upon written request and approval,the City may authorize ACC to allow members <br /> of the public to use the Premises for special classes or authorized activities that relate to the Public <br /> Purpose so long as the activity is covered by ACC's insurance and ACC agrees to indemnify the <br /> City for any damage resulting from the activity. ACC may charge a usage fee for the activity to <br /> be used to pay for Programs sponsored by ACC or other operating expenses. <br /> SECTION 18. CONDEMNATION. <br /> If any portion of the Premises is taken for any public or quasi-public use under any <br /> governmental law, ordinance or regulation or by right of eminent domain or should the Premises <br /> be sold to a condemning authority under threat of condemnation, this Agreement shall terminate. <br /> SECTION 19. DISPUTES; ATTORNEY'S FEES; VENUE. <br /> If either party retains an attorney to enforce this Agreement (including, without limitation, <br /> the indemnity provisions of this Agreement), the prevailing party is entitled to recover reasonable <br /> attorney's fees. Venue for any dispute arising under this Agreement shall be in the state courts <br /> having appropriate jurisdiction in Hays County, Texas, or, if in federal court, the United States <br /> District Court for the Western District of Texas, Austin Division. <br /> SECTION 20. NON-DISCRIMINATION. <br /> Nonprofit shall comply with Title VI and Title VII Civil Rights Act of 1964,the Americans <br /> with Disabilities Act of 1990, and all other State and Federal laws prohibiting discrimination and <br />