Res 2024-208 approving a Chapter 380 Economic Development Incentive Agreement with HEB, LP., under the City Council’s open solicitation and offer of incentives to grocery stores to locate in the city

Home Browse Search

Section 8.04. Offset. The City may deduct from any Grant Payments, as an offset, any delinquent and unpaid fees, sums of money or other fees,charges or taxes assessed and owed to or for the benefit of the City by Company. Section 8.05. Force Majeure Events. An event of force majeure means an event beyond the reasonable control of a Party obligated to perform an act or take some action under this Agreement(excluding, however, in all events financial inability), including,but not limited to, acts of God, pandemic, earthquake, fire, explosion, war, civil insurrection, acts of the public enemy, act of civil or military authority, sabotage, terrorism, unusual weather delays, availability of supplies and materials, floods, lightning, permit delays, hurricanes, tornadoes, severe snow storms or utility disruption, strikes, lockouts, major equipment failure or the failure of any major supplier to perform its obligations. If a force majeure event occurs and such event prevents a Parry from fulfilling its obligations hereunder,the applicable time period for performing such obligations shall be extended by the period of delay resulting from the force majeure event. Section 8.06. Indemnification. The City shall not be obligated to pay any indebtedness or obligations of Company. Company hereby agrees to indemnify and hold the City, and the City's elected officials and employees, harmless from and against (i) any indebtedness or obligations of Company; (ii) any other loss, claim, demand, lawsuit,liability or damages arising from the gross negligence or intentional misconduct of Company in the performance of its obligations under this Agreement, or (iii) breach of any representation, warranty, covenant or agreement of Company contained in this Agreement, subject to the notice and cure provisions. Company's 10 4874-3828-5824,V, 13 ......................... .