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Res 2024-199 approving the third extension of the Operation and Management Services Agreement for the San Marcos Regional Airport with Texas Aviation Partners, LLC., for five years
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Res 2024-199 approving the third extension of the Operation and Management Services Agreement for the San Marcos Regional Airport with Texas Aviation Partners, LLC., for five years
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11/1/2024 9:43:52 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2024-199
Date
10/15/2024
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ARTICLE 11 <br /> MISCELLANEOUS PROVISIONS <br /> 11.0.1 This Agreement is governed by and will be construed under the laws of the State <br /> of Texas. Exclusive venue for any dispute arising under this Agreement is in Hays <br /> County, Texas. <br /> 11.0.2 As to all acts or failures to act by either party to this Agreement, any applicable <br /> statute of limitations will commence to run and any alleged cause of action will be <br /> deemed to have accrued when the party commencing the cause of action knew or <br /> should have known of the existence of the subject act(s) or failure(s)to act. <br /> 11.0.3 The Operator will not use funds received by it directly or indirectly under the terms <br /> of this Agreement for any partisan political activity or to further the election or <br /> defeat of any candidate for public office. <br /> 11.0.4 The Operator hereby affirms that Operator and Operator's firm have not made or <br /> agreed to make any valuable gift whether in the form of service, loan, thing, or <br /> promise to any person or any of his/her immediate family, having the duty to <br /> recommend,the right to vote upon, or any other direct influence on the selection of <br /> consultants to provide consulting services to the City within the two years <br /> preceding the execution of this Agreement. A campaign contribution, as defined <br /> by the Texas Election Code or the San Marcos City Code is not considered a <br /> valuable gift for the purposes of this Agreement. <br /> 11.0.5 In performing all services required under this Agreement, the Operator will not <br /> discriminate against any person on the basis of race, color, religion, sex, national <br /> origin, age, disability or ancestry or in any way be subjected to discrimination in <br /> the use of Airport facilities. The Operator will furnish services on a fair, equal and <br /> non-discriminatory basis to all Airport users. A breach of this covenant by the <br /> Operator will be regarded as a default of the Agreement. <br /> 11.0.6 The Operator agrees not to engage in employment practices which have the purpose <br /> or effect of discriminating against employees because of race, color, sex, religion, <br /> national origin, age, disability or ancestry. A breach of this covenant by the <br /> Operator will be regarded as a default of the Agreement. <br /> 11.0.7 All references in this Agreement to any particular gender are for convenience only <br /> and will be construed and interpreted to be of the appropriate gender. The term <br /> "will" is mandatory in this Agreement. <br /> 11.0.8 Should any provision in this Agreement be found or deemed invalid,the balance of <br /> the Agreement shall remain in full force and effect and if legally possible the parties <br /> Page 30 of 34 <br />
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