Res 2024-256 approving an agreement with the Lower Colorado River Authority (“LCRA”)

Home Browse Search

V. TERM 5.1. This Agreement is contingent upon approval by the City of San Marcos City Council, and will become effective upon execution by both Parties (the "Effective Date"). 5.2. This Agreement shall be for a term of five (5) years from the Effective Date; provided, however,that this Agreement shall automatically renew for up to three additional terms of one (1) year each unless affirmatively terminated by a written notice signed by a Party and delivered prior to the expiration of each tern. Services authorized prior to expiration of the then-current term shall be completed, and the Parties' obligations under the Agreement shall remain in effect until such completion. 5.3. Either Party may terminate this Agreement for convenience upon thirty (30) days' prior written notice to the other Party. Upon termination of this Agreement for convenience, LCRA shall immediately discontinue the performance of Services and shall from then on perform only those Services expressly requested to be completed by the City, and LCRA shall be compensated for all such Services performed, plus its actual and reasonable costs of demobilization. VI. STANDARDS AND INSPECTIONS; LIMITATION ON LIABILITY 6.1 LCRA shall perform all work under this Agreement in a good and worlananlike manner in accordance with the work order specifications and applicable industry standards and electrical codes in affect at the time the Services are performed. The City shall have the right of inspection at all reasonable times during the performance of the Services and prior to acceptance of the Services. In the event that the inspection reveals that the Services have not been performed in accordance with the above standards, the LCRA shall promptly and diligently re-perform such Services at no additional cost to the City. 6.2 OTHER THAN THE EXPRESS LIMITED WARRANTIES IN SECTION 6.1,LCRA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 6.3 NEITHER PARTY SHALL BE LIABLE TO THE OTHER IN TORT, CONTRACT, WARRANTY,STRICT LIABILITY,STATUTE OR OTHERWISE FOR SPECIAL,INDIRECT,INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS,LOST USE,BUSINESS INTERRUPTION LOSSES,OR DAMAGES OR LOSSES INCURRED BY A PARTY'S CUSTOMER),REGARDLESS OF WHETHER THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED OR COULD HAVE BEEN REASONABLY FORESEEN. VII. NOTICES Correspondence, notices and invoices shall be in writing and mailed or delivered to the other Parry as follows, or at such other address as a Party may from time to time designate in writing. All notices, correspondence or invoices shall be effective upon receipt.