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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
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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
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2/19/2025 2:31:52 PM
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11/20/2024 2:57:55 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2024-208
Date
11/6/2024
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Section 9.07. Severability. In the event any provision of this Agreement is <br /> illegal, invalid, or unenforceability under the applicable present or future laws, then, and <br /> in that event, it is the intention of the Parties that the remainder of this Agreement shall not <br /> be affected thereby, and it is also the intention of the Parties to this Agreement that in lieu <br /> of each clause or provision that is found to be illegal, invalid, or unenforceable a provision <br /> be added to this Agreement which is legal,valid and enforceability and is a similar in terms <br /> as possible to the provision found to be illegal, invalid or unenforceable. <br /> Section 9.08. Third Parties. The City and Company intend that this Agreement <br /> shall not benefit or create any right or cause of action in, or on behalf of, any third-party <br /> beneficiary, or any individual or entity other than the City and Company or permitted <br /> assignees or successors of the City and Company, except that the indemnification and hold <br /> harmless obligations by Company provided for in this Agreement shall inure to the benefit <br /> of the indemnitees named therein. <br /> Section 9.09. No Joint Venture. Nothing contained in this Agreement is intended <br /> by the Parties to create a partnership or joint venture between the Parties, and any <br /> implication to the contrary is hereby expressly disavowed. It is understood and agreed that <br /> this Agreement does not create a joint enterprise, nor does it appoint either Party as an <br /> agent of the other for any purpose whatsoever. Except as otherwise specifically provided <br /> herein, neither party shall in any way assume any of the liability of the other for acts of the <br /> other or obligations of the other. <br /> Section 9.10. Immunity. The City, in entering this Agreement does not waive, <br /> except when specifically waived by operation of law, its immunity from suit or any other <br /> limitations on its liability, contractual or otherwise, as granted by the Texas Constitution <br /> 13 <br /> 4874-3828-6824,v. 13 <br /> ............ ... <br />
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