Laserfiche WebLink
C. Developer waives any claim for damages or reimbursement against City for a <br /> violation of any federal or state constitution, statute or case law or any federal, state or local <br /> ordinance,rule or regulation. <br /> d. This Section shall survive the termination of this Agreement. <br /> 7.8 Vested Rights/Chapter 245 Waiver. This Agreement shall confer no vested rights on the <br /> Property, or any portion thereof, unless specifically enumerated herein. In addition, nothing contained in <br /> this Agreement shall constitute a"permit"as defined in Chapter 245 of the Texas Local Government Code, <br /> as amended, and nothing in this Agreement provides City with fair notice of any project of Developer. <br /> Developer waives any statutory claim under Chapter 245 of the Texas Local Government Code, as <br /> amended, arising out of any acts or omissions under this Agreement. This Section shall survive the <br /> termination of this Agreement. <br /> ARTICLE VIII <br /> MISCELLANEOUS PROVISIONS <br /> 8.1 Binding Agreement. Except as provided herein, this Agreement shall be binding upon <br /> and inure to the benefit of the heirs, successors, and assigns of the respective parties. <br /> 8.2 Reports. During the term of this Agreement, upon written request of the City, Developer <br /> shall provide public records reasonably requested by the City to confirm compliance with the Minimum <br /> Job Threshold requirement. Failure to provide such assistance shall be grounds for the City to withhold <br /> grant payments until assistance is provided and records received. <br /> 8.3 No Waiver. Except as set forth in Section 7.5 above,nothing contained in this Agreement <br /> shall be construed in any way to limit or to waive the City's sovereign immunity. However, the Parties <br /> agree that they have entered into this Agreement in good faith,intend to deal with each other in good faith, <br /> and intend for this Agreement to be enforceable as to its terms under Texas law. <br /> 8.4 Applicability of Ordinances. Developer acknowledges and agrees this Agreement does <br /> not alter the applicability of the ordinances of the City. Further, this Agreement does not waive or limit <br /> any of the obligations of Developer to City under any other ordinance whether now existing or in the f tture <br /> arising. This Agreement(i)is not in any manner to be considered a waiver by the Parties of any requirement <br /> contained in the City's ordinances and/or development requirements.(ii)will not and does not conflict with <br /> said ordinances, and in the event of such a conflict the terms of said ordinances control; and (iii) does not <br /> modify any City ordinances and/or development requirements. Where silent in this Agreement, the terms <br /> of City ordinances and/or development requirements shall control. <br /> 8.5 Separate Status. None of the terms or provisions of this Agreement shall be deemed to <br /> create a partnership between or among the Parties in their respective businesses or otherwise, nor shall it <br /> cause them to be considered joint ventures or members of any joint enterprise. <br /> 8.6 Construction and Interpretation. <br /> a. Whenever required by the context of this Agreement,(i)the singular shall include <br /> the plural, and vice versa, and the masculine shall include the feminine and neuter genders, and <br /> vice versa, and (ii) use of the words "including", "such as", or words of similar import, when <br /> following any general term,statement or matter,shall not be construed to limit such statement,term <br /> or matter to specific terms,whether or not language of non-limitation, such as"without limitation" <br /> or "but not limited to" are used with reference thereto, but rather shall be deemed to refer to all <br /> Economic Development Agreement <br />