Res 2024-182 finding a used animal services vehicle to be surplus and of no further value to the city; authorizing the city to donate the vehicle to Pets Prevent a Litter of Central Texas;

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2.4 All costs associated with pickup,transport,refurbishing,repairing or restoring, and retitling the Equipment will be the responsibility of Transferee. Section 3. Disclaimer of Warranties; Limitation of Liability. 3.1 TRANSFEREE HEREBY ACKNOWLEDGES RECEIPT OF THE EQUIPMENT AND THAT TRANSFEREE HAS EXAMINED THE EQUIPMENT TO INSPECT ITS CONDITION. THE TRANSFEREE ACKNOWLEDGES AND AGREES THAT THE EQUIPMENT IS DONATED ON AN AS-IS AND WHERE IS WITH ALL FAULTS, WITH NO GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED WHETHER OF TITLE, MERCHANTABILITY, ITS CONDITION, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. 3.2 UNDER NO CIRCUMSTANCES WILL TRANSFEROR BE LIABLE TO TRANSFEREE OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE EQUIPMENT OR ITS USE BY TRANSFEROR. Section 4. Miscellaneous Provisions 4.1 Authority. Each of the persons executing this Agreement represent that he or she has full power and authority to execute this Agreement on behalf of the party that person represents. 4.2 Law and Venue. This Agreement shall be construed and enforced according to the laws of the State of Texas; and exclusive venue for any legal action arising under this Agreement shall lie in Hays County, Texas. 4.3 Immunity: The City's execution of and performance under this Agreement will not act as a waiver of any immunity of the City to suit or liability under applicable law. The parties acknowledge that the City, in executing and performing this Agreement, is a governmental entity acting in a governmental capacity. 4.4 Effective Date. This Agreement will become effective upon execution of both parties. 4.5 Amendment. No amendment of this Agreement will be effective until the amendment has been reduced to writing, each party has duly approved it, and is signed by the authorized representatives of the Parties. Any amendment will incorporate this Agreement in every particular not otherwise changed by the amendment. 4.6 Complete Agreement/Amendment. This Agreement represents a complete agreement of the parties and supersedes all prior written and oral matters related to this Agreement. This Agreement may be canceled, changed, modified or amended, in whole or in part, only by the written and recorded agreement by the City and the Transferee. 2